The comments are in – more than 8,000 of them. So, the question is what will the Federal Motor Carrier Safety Administration do next regarding non-domiciled CDLs.
In late September, FMCSA issued an emergency interim final rule aimed at taking control of non-domiciled CDLs, saying states allowed thousands of unqualified, unvetted and – sometimes illegal drivers to operate a commercial motor vehicle. FMCSA said the rule would remove about 194,000 CDLs.
While the rule originally took effect immediately, it was paused following a lawsuit filed in the U.S. Court of Appeals for the D.C. Circuit. On Dec. 3, the court granted a request to hold the lawsuit in abeyance until FMCSA reviews the comments and issues a final rule. The court has directed FMCSA to file status reports to the court in 90-day intervals beginning March 3, 2026.
The comment period ended Nov. 28, and the agency will use the comments to determine if any changes to the rule are necessary.
Below is a sampling of comments from trucking organizations, states and other key groups.
Owner-Operator Independent Drivers Association
OOIDA is supportive of the effort, saying that CDL holders must be trained, vetted and qualified.
“This sweeping action delivers immediate licensing reforms that remove unsafe and unqualified drivers from the industry,” OOIDA wrote in comments signed by President Todd Spencer. “We are optimistic that the interim final rule and other Department of Transportation measures will strengthen training, licensing and qualification protocols for commercial truck drivers. Ensuring that only well-trained, qualified individuals can earn a commercial license will make trucking a safer, more attractive, more rewarding and more sustainable career.”
American Trucking Associations
ATA is generally supportive of efforts “to reinforce driver credentialing standards” and ensure that non-domiciled CDL holders maintain proper authorizations and qualifications, the group also asked that drivers and carriers are given time to adjust.
“Given FMCSA’s estimation that this rule will result in a significant number of CDL downgrades, it is important that drivers be provided reasonable time to notify their employers – or, alternatively, that FMCSA establish a mechanism to ensure motor carriers are promptly informed when a driver’s CDL has been downgraded,” ATA wrote in comments signed by executives Brenna Lyles and Nathan Mehrens. “Drivers who were legitimately issued a non-domiciled CDL but will not qualify for renewal should receive advance notice so they and their employers can prepare for the change. Conversely, we recognize that many CDLs were issued out of compliance with regulations. Thus, when a state driver’s license agency determines a CDL – non-domiciled or standard – was issued in error or otherwise out of compliance with the law, the SDLA should take immediate action to notify the driver and downgrade their commercial driving privileges.”
Teamsters California
The Teamsters of California opposes the interim final rule, saying it will cost hundreds of thousands of drivers their livelihoods.
“Teamsters California urges DOT/FMCSA to withdraw the rule and to instead work collaboratively with labor unions representing these critical workers to invest in and improve driver and community safety,” the organization wrote in comments signed by co-chairs Victor Mineros and Peter Finn.
Attorneys general for 18 states and D.C.
Attorneys general for 18 states – Massachusetts, California, Arizona, Colorado, Delaware, Hawaii, Illinois, Maine, Maryland, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont and Washington – and the District of Columbia told FMCSA that the rule should be rescinded.
“The interim final rule’s dramatic new restrictions on eligibility for non-domiciled commercial driver’s licenses and commercial learner’s permits are unlawful,” the attorneys general wrote. “FMCSA claims that the interim final rule’s new restrictions are necessary for public safety, but the agency admits that it lacks evidence that these restrictions provide any additional safety benefits.”
Oklahoma Department of Public Safety
The Oklahoma Department of Public Safety is supportive of the rule and said that it has had a “first-hand view of the significant problems and unintended consequences associated with the implementation of non-domiciled CDLs.”
In comments signed by Oklahoma Commissioner of Public Safety Tim Tipton, the agency said employee authorization documents have been “insufficient” for the issuance of a professional license in a highly regulated field.
“Oklahoma Highway Patrol has encountered many illegal aliens operating commercial motor vehicles with facially valid CDLs issued under the authority of the current rules,” Tipton wrote.
American Association of Motor Vehicle Administrators
AAMVA said it would have preferred that FMCSA would have gone through the regular rulemaking process and asked the agency to clarify several questions in regards to implementation.
“AAMVA appreciates the opportunity to comment on this interim final rule and recognizes FMCSA’s commitment to ensuring the integrity of the CDL program,” the group wrote on comments signed by Cian Cashin, vice president of government affairs. “However, successful implementation of the interim final rule requires substantial clarification so that the states understand expectations and can properly administer the federal CDL program. AAMVA looks forward to our continued partnership that achieves shared safety objectives while minimizing disruption to drivers, employers and state operations.”
Sikh Coalition
The group said the interim final rule has had a “devastating” impact on Sikhs, as trucking is one of the most popular professions among the community.
“This rule has spread fear throughout the Sikh trucker community, effectively undermining drivers’ sense of safety and belonging, despite many having contributed to the profession for decades,” the Sikh Coalition wrote. “These calamitous consequences exemplify the danger of wrongfully assigning blame for the actions of a few individuals to entire communities, as FMCSA has done through this rule.” LL
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