The U.S. Department of Transportation Wednesday announced a final rule that tightens regulations states must follow when issuing non-domiciled commercial driver’s licenses and learners permits.
One major trucking advocacy group is praising the rule.
Transportation Secretary Sean Duffy announced the rule, which he said addresses safety concerns by preventing foreign drivers who have not been subject to consular and interagency screening from receiving a CDL.
This final rule is effective 30 days after its publication in the Federal Register.
According to a statement from the DOT, “While U.S. drivers are subject to strict checks through national databases for past violations — such as DUIs, reckless driving, or crash involvement — states lack the ability to access the driving records of foreigners and illegal immigrants. This loophole allowed individuals with dangerous driving histories to obtain a trucking license simply by presenting an Employment Authorization Document (EAD), which does not screen for transportation safety.”
The DOT said this Final Rule closes two critical failures: a safety gap that allowed state driver’s licensing agencies to issue CDLs to foreign drivers without verifying their driving history, and a reliance on EADs that resulted in more than 30 states illegally issuing licenses to ineligible drivers.
According to the statement from the DOT, provisions of the Final Rule include:
- Strict Eligibility: Eligibility is limited to H-2A, H-2B, and E-2 nonimmigrant status holders, who undergo enhanced interagency vetting
- Elimination of EADs: EADs are no longer accepted as proof of eligibility due to the systemic noncompliance at the SDLAs. Applicants must present an unexpired foreign passport and specific Form I-94 documentation.
- Mandatory SAVE Verification: States must query the Systematic Alien Verification for Entitlements (SAVE) system to confirm every applicant’s lawful immigration status
Todd Spencer, president of the Owner-Operator Independent Drivers Association praised the final rule. He said, “OOIDA and truckers across America support the Trump Administration’s continued actions to crack down on the issuance of non-domiciled CDLs. For too long, loopholes in this program have allowed unqualified drivers onto our highways, putting professional truckers and the motoring public at risk. This final rule is a major step toward safer roads, stronger accountability, and a more professional trucking industry.”
These reforms follow Duffy’s earlier announcement of emergency action to end the issuance of non-domiciled CDLs to truckers with unverified driving histories following several deadly crashes involving non-domiciled drivers last year.
It also comes as states have been required to audit their non-domiciled CDL procedures. Duffy has singled out several states for their processes, threatening them with the loss of millions of dollars of highway funds if corrections weren’t made.
Since September, the nationwide audit prompted Duffy to threaten New York, California, Pennsylvania, Minnesota, Colorado, and North Carolina with the loss of funding.
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