The U.S. Department of Transportation on Friday announced its most aggressive regulatory action in years with a plan to see 194,000 drivers with non-domiciled CDLs exit the industry with a new final rule implemented under "emergency" circumstances.
DOT Secretary Duffy held a press conference detailing major errors uncovered during the department's audit of non-domiciled CDL issuance in the U.S. The audit, ordered by President Donald Trump, uncovered widespread issuance of CDLs to non-citizens in the country with temporary work authorization, and lots of mishandling of paperwork in credentialing.
Specifically, DOT called out California, who it said got one in four non-domiciled CDL applications wrong, often issuing CDLs valid long past the applicant's legal length of stay in the country, and sometimes ignoring basic rules like the prohibition on issuing CDLs to citizens of Mexico.
But while the press conference contained lots of news, the fact that CDL credentialing problems exist in the U.S. came as no surprise to major trucking organizations, all of whom supported the substance of the DOT's move.
Crash-victims advocacy groups, too: Truck Safety Coalition Executive Director Zach Cahalan signaled TSC support, but also pointed to issues with "bad faith actors" among domestic drivers. Cahalan called on Congress to make all drivers spend 30 hours behind the wheel before getting a CDL.
"Integrity issuing Commercial Driver's Licenses (CDLs) must be drastically increased and enforced," Cahalan said. "This includes issuing non-domiciled CDLs in a compliant manner as well as cracking down on bad faith actors within the United States who fraudulently issue CDLs to truck drivers who have not displayed the knowledge, skills and abilities required to operate a Commercial Motor Vehicle (CMV). In addition, TSC urges Congress to require at least thirty (30) Behind-the-Wheel training hours as part of Entry Level Driver Training. Currently there is no minimum number of hours one must practice driving a large truck to obtain a CDL and that is ludicrous and puts everyone at risk."
The Owner-Operator Independent Drivers Association fully supported DOT's move, as it lined up with their own previous petition on the cause and later ask for a suspension of non-domiciled CDL issuance. OOIDA has also supported enforcement of English language proficiency as an out-of-service violation at the roadside.
“OOIDA and truckers across America applaud Secretary Duffy for responding to our concerns by taking substantial actions to crack down on the irresponsible issuance of non-domiciled CDLs, particularly in California. For too long, loopholes in this program have allowed unqualified drivers onto America’s highways, creating unnecessary safety risks for professional drivers and the motoring public alike. These enforcement actions will also remove bad actors from the road and restore accountability to the system. Today’s action is an important step toward safer highways and a stronger, more professional trucking industry.”
--Owner-Operator Independent Drivers Association President Todd Spencer
Although representatives of the American Trucking Associations speak often about a "driver shortage" and the need to increase recruitment in truck driving, the ATA also stood with DOT on removing 194,000 non-domiciled CDL drivers from the market.
“ATA supports steps to strengthen credentialing standards and ensure that non-domiciled CDL holders have and maintain the proper authorization and qualifications required under federal law," ATA President and CEO Chris Spear said. "Rules only work when they are consistently enforced, and it's imperative that all state driver licensing agencies comply with federal regulations. We appreciate USDOT taking these steps to guarantee that happens, and we look forward to reviewing the rule in detail and providing specific feedback in our official comments."
Even the largest trade group for freight brokers supported the move.
From a Transportation Intermediaries Association spokesperson:
"The Transportation Intermediaries Association (TIA) and its members place the highest priority on safety, for drivers, shippers, and the traveling public. Compliance with federal regulations, including those governing the issuance of non-domiciled Commercial Driver’s Licenses (CDLs), is a critical component of the industry’s broader, systems-based approach to safety.
"Ensuring that CDLs are issued properly and in accordance with existing standards is essential to maintaining the integrity of the driver pool and the safe, efficient movement of freight. TIA fully supports regulatory compliance in this area as part of the collective effort to strengthen safety outcomes across the supply chain."
