Tens of millions of dollars are at stake for states that don’t follow the Federal Motor Carrier Safety Administration’s rules over non-domiciled CDLs.
The U.S. Department of Transportation announced on Thursday, April 16, that FMCSA is withholding about $73 million from the state of New York for failing to revoke “illegally issued” non-domiciled CDLs and commercial learner’s permits.
“I promised the American people I would hold any state leader accountable for failing to keep them safe from unvetted, unqualified foreign drivers,” Transportation Secretary Sean Duffy said in a news release. “I’m delivering on that promise today by refusing to fund Gov. (Kathy) Hochul’s dangerous, anti-American policies. My message to New York’s far left leadership is clear: families must be prioritized on American roads,” said U.S. Transportation Secretary Sean P. Duffy.
According to an FMCSA audit, the New York Department of Transportation had been routinely issuing CDLs to foreign drivers illegally. The federal audit revealed a 53% failure rate from the records that were sampled.
In March, FMCSA issued a formal response refuting New York’s claims of compliance. Additionally, FMCSA said New York hadn’t completed the required corrective actions, which included revoking all non-compliant non-domiciled CDLs and commercial learner’s permits.
“After the state’s continuous refusal to remove these dangerous drivers from the road, FMCSA has issued a final determination of substantial noncompliance and moved to withhold $73,502,543,” the DOT wrote in its news release. “This represents 4% of New York’s National Highway Performance Program and Surface Transportation Program Block Grant funds.”
On Friday, April 17, the Trucking Association of New York (TANY) released a statement about FMCSA’s decision.
“Ensuring strong oversight and accountability is essential to maintaining a level playing field for law-abiding drivers and carriers while protecting public safety and preserving economic opportunity,” TANY wrote. “The Trucking Association of New York stands ready to work with state and federal partners to restore compliance, rebuild confidence and ensure New York retains access to critical federal transportation funding while supporting the drivers and families who depend on this industry.”
The Owner-Operator Independent Drivers Association supports the DOT’s efforts to ensure that only well-trained and skilled truck drivers receive a CDL.
“The days of exploiting cheap labor on the basis of false ‘driver shortage’ claims are over,” OOIDA President Todd Spencer said. “OOIDA and truckers across America applaud Secretary Duffy and FMCSA Administrator (Derek) Barrs for responding to our concerns by taking substantial actions to crack down on the irresponsible issuance of non-domiciled CDLs, particularly in New York.”
The decision to withhold funding from New York comes days after North Dakota’s DOT announced FMCSA had given it federal approval to resume issuing non-domiciled CDLs.
North Dakota, South Dakota, Iowa, Texas, Delaware, Utah, Rhode Island, Minnesota and New Jersey all were given permission after taking corrective action. All newly issued non-domiciled CDLs must be in accordance with FMCSA’s final rule, which took effect on March 16.
Under the final rule, eligibility for a non-domiciled CDL is much more limited. The rule is expected to take nearly 200,000 non-domiciled CDL holders off the road. LL
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