ATA, trucking execs reveal plan for non-domiciled CDL, trucking data overhaul

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Leaders from the American Trucking Associations, 42 state trucking associations and the Truckload Carriers Association have unveiled what they call a "comprehensive action plan to eliminate fraud and illegal operators in the trucking industry."

That plan includes sections on CDL issuance, federal data collection, non-domiciled CDLs, cross-border "workforce integrity," English language proficiency, combating fraud and ELDs

The plan comes amid intense scrutiny from the federal government on immigration, with efforts from both DOT and the Department of Homeland Security to remove non-citizen drivers from the trucking industry. 

[Related: 'Every foreign truck driver's worst nightmare': Courts can't stop Trump, DOT's immigration crackdown]

Initially, ATA threw cold water on the idea that large numbers of foreign drivers had hurt driver wages, but now that group has launched a new association, called the Trucking Association Executives Council, that addresses the issue directly. 

TAEC said it brought together more than 500 years of trucking executive experience to put together a list of recommendations that mostly "can be implemented immediately without new legislation."  

CDL integrity

The TAEC task force's list of action items starts with CDL integrity. TAEC identified "dangerous gaps" in CDL issuance "that enable fraud and put public safety at risk," as federal and state databases operate independently. This allows drivers disqualified in one state to seek CDLs in another, TAEC said. 

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As such, the organization recommends a waiting period for CDLs, where applicants must hold a regular driver's license for one year first. Furthermore, it recommended integrating state CDL databases in a manner similar to the fedreal Drug and Alcohol Clearinghouse for testing results. 

On the subject of "CDL mills," TAEC joined CDL school trade associations in calling for a cleanup of the Federal Motor Carrier Safety Administration's Training Provider Registry, and grading schools by assessing trainers and looking at graduates' subsequent driving performance, similar to how the national medical examiner database works. 

[Related: FMCSA really cracking the whip on 'bad actor' CDL schools?]

Finally, the group called for monitoring of the timelines of applicant's CDL progress, to flag potential fraud in instances of fast-tracked CDLs. 

Motor Carrier Management Information System (MCMIS) overhaul 

ATA's initial objection to the idea of foreign workers flooding the trucking industry came from some activists misreading carrier data contained within MCMIS. That data, based on self-reported numbers from carriers, often contained errors, like one Oregon-based carrier putting its zipcode as the number of drivers, resulting in a miscount of more than 97,000 drivers in 2024. 

TAEC wants those numbers ironed out. MCMIS "fails to protect public safety due to incomplete data, outdated methods, and regulatory loopholes that allow dangerous carriers to operate unchecked," TAEC said. The group recommended use of AI to evaluate carrier Safety Measurement System scores and to analyze them at the VIN number level to better tie trucks to the actual carriers they're hauling for. 

TAEC said such a move could help in detecting "chameleon carriers" by analyzing VIN patterns in new entrant applications, flagging suspicious vehicle transfers between related entities, and blocking "safety record laundering" through corporate shell games, though the group didn't expand on how exactly that might be done. 

Cross-border workforce integrity 

TAEC responded to "widespread" reports of Mexican CDL fraud and "cabotage" by calling for strict limits on where Mexican drivers can go within the U.S. 

"There is nothing to stop drivers authorized for [border-zone-only hauling] from operating beyond the zone without proper authorization or language proficiency verification, creating safety and enforcement issues," TAEC wrote. TAEC recommended English language proficiency testing for all Mexican truck drivers before they exit customs and for Customs and Border Protection to conduct random inspections at checkpoints. 

Further, the group wants state police to be able to enforce cabotage rules and for FMCSA to halt its longstanding policy of not following through on its legal authority to issue $10,000 civil fines when its rules are broken

[Related: FMCSA's confusing excuse for not enforcing its own rules

Non-domiciled CDL reform

Non-domiciled CDLs, or CDLs that non-citizens in the U.S. with temporary work authorizations can get, "have been exploited due to weak oversight, leading to unsafe drivers on U.S. roads," TAEC wrote. 

On this front, TAEC mostly just supports FMCSA's September 29 rulemaking looking to tighten requirements for non-domiciled CDLs, ultimately limiting their issuance to just a few types of visa categories and taking an estimated 194,000 non-domiciled drivers off the road. 

[Related: FMCSA's non-domiciled CDL rule in limbo after court grants emergency stay motion]

TAEC also calls for public reporting from states on the number of non-domiciled CDLs issued, as well as the creation of a unified, federally monitored database of all such licenses. 

English language proficiency 

Similarly, here TAEC mostly follows the Trump administration's lead, supporting the president's April executive order returning truck drivers' English language requirement to the Commercial Vehicle Safety Alliance's out-of-service criteria, thus increasing enforcement. 

TAEC follows up on that by recommending ELP tests as part of the written CDL exam and practical exam, as well as a return-to-service protocol offering language assessments to drivers put out-of-service for ELP violations. 

Also, the group wants escalating penalties for repeat offenders. 

State law enforcement agencies have reported difficulties enforcing ELP consistently, as well as a blindspot when it comes to catching drivers previously put OOS

Combating trucking fraud

TAEC here points a finger at "unscrupulous freight brokers" and "bad actors" infiltrating the trucking industry by impersonating legitimate businesses or via sophisticated scams. 

[Related: 'Fraud apocalypse': Brokers circling the wagons, shutting carriers out of freight]

The group recommends stronger penalties for fraudsters, and increased FMCSA authority to issue penalties, as well as stronger vetting for new brokers, on par with the new vetting criteria for new motor carriers

TAEC joins with some jilted carriers in calling for an increase of broker bond minimum requirements from the current $75,000 level, likewise emphasis that brokers "should meet minimum standards similar to motor carriers including establishing a principal place of business and compliance with FMCSA investigations."

ELD tampering 

The last piece of TAEC's action plan takes aim at ELD manipulation, a "large and increasing problem" in trucking. 

With companies offering blatantly illegal "ELD editing" services, TAEC calls for the end of self-certification of hours logging devices, instead asking for a third-party testing requirement. 

FMCSA should "mandate tamper-resistance documentation" before approving an ELD as well as "automatic decertification thresholds" based on substantiated complaints, the TAEC task force said. This, along wih routine audits of ELD providers rounds out TAEC's recommendations. 

The same day as TAEC's release, FMCSA announced a major ELD vetting overhaul

[Related: FMCSA official reveals bolstered vetting of ELD providers on the way]