States Taking Action on FMCSA Non-Domiciled CDL Order
Tighter Focus, Enforcement Follows USDOT Emergency Rule
Key Takeaways:
- States including South Carolina, Kentucky, Maryland and Oregon have begun tightening or suspending issuance of non-domiciled commercial driver licenses in response to new federal safety regulations.
- The moves follow federal audits finding states had issued credentials to ineligible foreign drivers and allowed licenses to remain valid past legal residency expirations.
- State agencies said the restrictions will stay in place until they confirm compliance with federal rules, with some industry groups backing the measures as prudent for highway safety.
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States are detailing their responses to a U.S. Department of Transportation edict to restrict access to commercial driver licenses and permits for non-domiciled drivers.
In the wake of a high-profile fatal truck crash in Florida earlier this year, Transportation Secretary Sean Duffy decreed that as of Sept. 29 issuance of such authority as a matter of national security to protect the safety of U.S. highways.
South Carolina
The South Carolina Department of Motor Vehicles said that as of Sept. 29 it would only issue CDLs and CLPs to U.S. citizens or permanent residents holding proper immigration documents to prove their lawful presence. Drivers holding current CDLs or CLPs will retain their driving privileges since the change applies only to future issuance of licenses and renewals, the state noted.
SCDMV Executive Director Kevin Shwedo said his agency is “ commercial licenses to non-U.S. citizens, and that is being reinforced by our actions in complying with this new interim final rule.” He added, “We take seriously our mission to meet all state and federal requirements for the licenses we issue to drivers in South Carolina.”
The state’s efforts are backed by Rick Todd, president and CEO of the South Carolina Trucking Association. “South Carolina’s established fleet operators strongly support federal and state safety and credentialing requirements. Those who do not fully meet them should be brought into compliance or taken out of service,” Todd said. “There is adequate freight-hauling capacity presently, particularly considering the state of the economy and soft freight demand. This is a good time to evaluate new entrants and the regulatory state’s capabilities and resources. We appreciate the working relationships we have established with both the DMV and the State Transport Police.”
Kentucky
The Kentucky Transportation Cabinet is restricting issuance of non-domiciled CLPs and CDLs to drivers who hold an H2A, H2B or E2 visa. The state will no longer accept an Employment Authorization Document. The state said, “Applicants domiciled in a foreign jurisdiction must present an unexpired foreign passport and an unexpired Form I-94 or I-94A documenting their most recent entry into the United States.” Those applying for a non-domiciled CLP or CDL must not surrender their foreign driver licenses.
Maryland
The Maryland Motor Vehicle Administration has halted until further notice issuance of all non-domiciled commercial driving authority. “This includes issuance, transfers, updates, replacements, duplicates and renewals” of both non-domiciled CLPs and CDLs, .
Oregon has halted issuance of limited-term non-domiciled CDLs and CLPs.. (vitpho/Getty Images)
Oregon
The Oregon Department of Motor Vehicles until further notice issuance of limited-term non-domiciled CDLs and CLPs until it can respond to FMCSA’s edict for states to “immediately stop issuing these credentials until they can ensure compliance with updated regulations.”
States are not required to issue non-domiciled CDLs and CLPs, and some do not. Citizens of Mexico and Canada are exempt since the U.S. recognizes those countries’ commercial licenses.
Across a 50-state audit, FMCSA said it identified instances where CDLs and CLPs had been issued to ineligible drivers, as well as drivers whose licenses remained valid years beyond the expiration of their legal U.S. residency status.
RELATED:Here’s What DOT’s Emergency CDL Ruling Means for Trucking
Additionally, Duffy on Sept. 26 said preliminary findings from the audit identified six states that had failed to adhere to federal regulations for issuing non-domiciled commercial driver licenses and permits: California, Colorado, Pennsylvania, South Dakota, Texas and Washington. Duffy on Oct. 15 announced he would withhold $40 million from California because it was the only state that still had not come into compliance with enforcing English-language requirements for truckers.
“In plain English, this is a license to operate a massive 80,000-pound truck that’s being issued to foreign drivers who are not U.S. citizens or lawful permanent residents,” Duffy declared Sept. 26. “The process for issuing these licenses is absolutely 100% broken. It has become a threat to public safety and it is a national emergency that requires action right now.”
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