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Of the six states identified by DOT, South Dakota was the first to acknowledge issues it had found. (jimfeng/Getty Images)

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Six states singled out by the U.S. Department of Transportation for failing to follow federal rules for issuing non-domiciled commercial driver licenses and permits are taking steps to address the agency’s concerns, state representatives said.

Transportation Secretary Sean Duffy on Sept. 26 announced an emergency rule that directed all states to halt issuance of non-domiciled CDLs and CLPs, and said a Federal Motor Carrier Safety Administration audit had uncovered compliance irregularities in California, Colorado, Pennsylvania, South Dakota, Texas and Washington. His action followed issuance in August of an executive order from President Donald Trump that directed DOT to review states’ issuance of non-domiciled CDLs.

South Dakota

South Dakota was the first to acknowledge it had identified issues.

“We have corrected the six inconsistencies that were found and have temporarily stopped issuing non-domiciled CDLs until we can verify there were no other errors,” the South Dakota Department of Public Safety said in a statement provided to Transport Topics. “We are also determining whether additional controls are needed to stay compliant with the new executive order.”

Other states said they are reviewing their records.

Pennsylvania

“[The Pennsylvania Department of Transportation] is still reviewing the final rule and its impacts, but has paused the issuance, renewal, transfer, replacement and update of non-domiciled CDLs and CLPs during its review of the new federal regulations,” the department told TT. “The Shapiro administration is also reviewing the economic impact the rule will have on Pennsylvania.”

Some 12,400 Pennsylvania residents have a non-domiciled CDL.

Colorado

The Colorado Department of Motor Vehicles told TT: “The Colorado DMV takes seriously our responsibility to ensure all commercial drivers on our roads are licensed lawfully and safely. Effective Monday, Sept. 29, the Colorado DMV paused all issuance and renewals of term-limited, non-domiciled CDLs and CLPs until further notice. The DMV is conducting a thorough review of processes to ensure compliance with the new federal regulation.”

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A tractor drives on a forest road in Washington. (halbergman/Getty Images)

Washington

The Washington State Department of Licensing : “We’ve stopped processing all non-domicile commercial learner’s permit and CDL transactions. That includes originals, renewals, upgrades, duplicates or replacements. We also have suspended all associated knowledge and skills testing for non-domiciled drivers. We’ll let you know if or when we will resume processing those documents.”

Texas

The it has suspended issuing, renewing and reissuing CDLs and CLPs “to non-citizens who are refugees, asylees or Deferred Action for Childhood Arrivals.” People in those categories “with a pending issuance will not be allowed to continue any written or skills testing until the services for non-domicile CDL/CLP are reinstated,” it said.

Texas DPS noted the changes comply with FMCSA rules and Gov. Greg Abbott’s recent order for state DPS Commercial Vehicle Enforcement troopers and inspectors to begin conducting English language proficiency reviews for commercial vehicle drivers on Texas roads.

Abbott on Sept. 4 told DPS “to enact zero-tolerance enforcement of these federal safety regulations across the board — whether drivers are operating across state lines or only within Texas. Truckers play an instrumental role in Texas’ robust economy and in keeping our highways safe. Every commercial driver license operator on Texas roadways must be able to communicate clearly in English to ensure compliance with traffic laws, follow safety directions and prevent accidents.”

California

The California Department of Motor Vehicles that as of Sept. 29 it “cannot issue or renew limited-term legal presence” non-domiciled CDLs and CLPs. It added that the FMCSA emergency rule is behind the stoppage “until new federal standards are met. These changes apply to people who are legally in the U.S. but are not permanent residents or citizens. This includes individuals with certain work visas as well as approved or pending asylees and refugees.”

The California DMV also stopped an online service enabling drivers to renew their CDLs up to 120 days before licenses expire. The online CDL renewal service was launched in June.

California has borne the brunt of Duffy’s ire for having what he dubbed the most “egregious” licensing situation of any state, with 25% of its non-domiciled CDLs in violation of federal rules. On Oct. 15 Duffy withheld more than $40 million in transportation funds from the state, and mandated a series of compliance marks it must achieve before receiving the funds. Among them is adoption and enforcement of statewide ELP rules, something the state maintains it already does.

Across its 50-state audit, FMCSA found CDLs and CLPs issued to ineligible drivers and also to drivers whose licenses remained valid years beyond the expiration of their legal U.S. residency status.

“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.”