The U.S. Department of Transportation, through the Federal Motor Carrier Safety Administration (FMCSA), has issued an emergency rule that immediately restricts eligibility for non-domiciled Commercial Learner’s Permits (CLPs) and Commercial Driver’s Licenses (CDLs).
Moving forward, only the following non-citizens will be eligible for a non-domiciled CDL:
- Hold a valid employment-based visa, and
- Pass a federal immigration status check through the SAVE system
States must now revoke and reissue licenses that were improperly granted, with California facing the strictest enforcement measures.
Why Was the Emergency Rule Issued?
FMCSA conducted a nationwide audit and uncovered widespread failures in how states issue non-domiciled CDLs. The most serious problems were found in California, where more than 25% of reviewed licenses were issued improperly in some cases, valid years beyond the driver’s lawful presence in the U.S.
Other states flagged include Texas, Colorado, Pennsylvania, South Dakota, and Washington.
Tragically, these oversight failures have already been tied to multiple fatal crashes involving unqualified drivers. FMCSA determined the issue posed an imminent hazard to public safety, prompting immediate federal action.
What are the State-Level Impact?
- California must pause issuing non-domiciled CDLs, audit all current licenses, and revoke those that do not meet federal requirements. Failure to comply within 30 days could cost the state over $160 million in federal highway funds, with penalties doubling in year two.
- Other states identified must conduct similar reviews and take corrective measures to avoid penalties.
- Nationwide carriers need to review driver rosters now, ensuring all non-domiciled CDL holders remain compliant under the new rule.
What This Means for Carriers and Drivers?
- Drivers with improperly issued CDLs will lose their licenses unless they requalify under the stricter standards.
- Carriers employing affected drivers may face compliance risks and liability exposure if they don’t take immediate corrective action.
- Operations may see short-term strain as the driver pool adjusts, but the rule aims to ensure only lawful, qualified operators are behind the wheel.
Simplex Group: Your Compliance Partner
For 24 years, Simplex Group has helped thousands of trucking companies nationwide secure their permits, maintain compliance, and scale with confidence.