Emergency Rule Overhauls How States Issue Non-Domiciled CDLs

New Rule on Non-Domiciled CDLs

The U.S. Department of Transportation (DOT) has issued an emergency rule that changes how states can issue non-domiciled commercial driver’s licenses (CDLs).

Transportation Secretary Sean P. Duffy said the change is needed after several fatal crashes involved immigrant drivers who should not have received CDLs. Federal audits showed that some states were not following the rules, allowing ineligible drivers to be licensed.

Experts estimate that the rule could affect 6% to 18% of commercial drivers nationwide.

What Is a Non-Domiciled CDL?

A non-domiciled CDL is given to people who are legally allowed to work in the U.S. but don’t permanently live in the state that issues the license. These licenses are often used by foreign nationals working under temporary visas.

Canadian and Mexican drivers are covered under separate agreements and are not part of this rule.

The issue is that audits found some states gave licenses to drivers who did not qualify, and in some cases, licenses lasted longer than their immigration documents.

Key Changes Under the Rule

The new requirements apply immediately. States must now:

• Only issue non-domiciled CDLs to drivers with H-2A, H-2B, or E-2 visas.

• Use the federal SAVE system to check immigration status.

• Limit license expiration dates to either the visa’s expiration or one year, whichever is sooner.

• Require drivers to appear in person for each renewal.

• Keep application documents for at least two years.

• Revoke licenses if a driver is no longer eligible.

California and Other States Face Penalties

California has been singled out as the worst offender. An FMCSA review found that more than 25% of non-domiciled CDLs in the state were issued improperly. Some were valid up to four years beyond a driver’s legal stay in the U.S.

DOT has ordered California to:

• Stop issuing non-domiciled CDLs.

• Audit all active licenses.

• Revoke and reissue licenses that don’t meet the new standards.

If California does not comply within 30 days, it could lose $160 million in federal highway funds in the first year, with penalties doubling in year two.

Other states flagged include Colorado, Pennsylvania, South Dakota, Texas, and Washington.

Industry Reactions

The trucking industry has long raised concerns about non-domiciled CDLs.

• The Owner-Operator Independent Drivers Association (OOIDA) applauded the decision, saying loopholes had allowed “unqualified drivers” onto U.S. roads.

• The American Trucking Associations (ATA) also supported the move, stressing that “rules only work when they are consistently enforced.”

Both groups urged motor carriers to review their hiring practices to ensure compliance with the new rules.

By Tee Jay Marañon.