For too long, it’s been way too easy to get a CDL.
That’s why the Owner-Operator Independent Drivers Association said it supports an interim final rule aimed at removing nearly 200,000 non-domiciled CDLs, as well as other steps to ensure that only well-trained and qualified drivers take the wheel of an 80,000-pound tractor-trailer.
“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.”
OOIDA submitted its remarks on Nov. 28, the final day of a two-month comment period on an interim final rule that Transportation Secretary Sean Duffy characterized as a response to a “national emergency” following several high-profile crashes involving foreign truck drivers. According to Regulations.gov, the Federal Motor Carrier Safety Administration received more than 8,000 comments.
What exactly does the interim final rule do?
In late September, FMCSA issued an emergency interim final rule because of concerns that many of the drivers aren’t in the U.S. legally or do not meet the qualifications to possess a CDL.
Under the rule, an Employment Authorization Document (EAD) would no longer be enough to obtain a non-domiciled CDL. Additionally, asylum seekers, asylees, refugees and Deferred Action for Childhood Arrivals (DACA) recipients would be excluded from eligibility. The majority of current non-domiciled CDL-holders possessed an EAD. Many of the individuals may be eligible for other employment in the United States.
According to the agency, the changes would strengthen the security of the CDL issuance process and enhance the safety of commercial motor vehicle operations.
FMCSA submitted several documents to the rulemaking docket that provide examples of recent truck crashes:
OOIDA’s comments
OOIDA supports immediate action on FMCSA’s rule changes.
“State driver’s licensing agencies have improperly issued hundreds of thousands of non-domiciled CDLs in recent years,” OOIDA wrote. “Given the dire safety consequences and the breakdown in licensing procedures, FMCSA took rightful action by publishing an immediate interim final rule rather than commencing a standard rulemaking process.”
OOIDA also offered some recommendations on how to further strengthen the rule, including requiring that all CDL applicants provide a complete driving history. The Association pointed out that federal regulations require states to request 10 years of a driver’s motor vehicle history for all states he or she has been licensed and that prospective employers are supposed to obtain three years of driving history from an applicant.
“The most important change FMCSA can make to strengthen the interim final rule is to require a complete driving history from all CDL applicants, whether non-domiciled or not,” OOIDA wrote. “While we understand that collecting these records may impose additional work on states and employers, the need to protect highway safety far outweighs any additional time or effort needed to get this information.
“FMCSA should amend the interim final rule to require that these records be obtained from any jurisdiction or employer, regardless of what country these records are located in. We don’t believe it makes any sense to subject foreign nationals to a less stringent standard than U.S. citizens. Making this change would have a clear and obvious connection to improving safety.”
OOIDA said the interim final rule is a good step toward improving CDL standards, but more work is needed.
“Moving forward, DOT and FMCSA should take additional actions that will strengthen training, licensing, registration and qualification protocols for all stakeholders, including drivers, motor carriers and freight brokers,” OOIDA wrote. “Measures such as new drivers completing 30 hours of behind-the-wheel training, bolstering new-entrant audit requirements, modernizing registration systems and eliminating fraud will prevent unqualified and unscrupulous entities from ever entering the industry.”
OOIDA added that the DOT and FMCSA “must raise the barrier of entry into trucking by verifying safety, competency and integrity at initial access points” instead of relying on a failed ‘let them loose and try to catch them later’ mentality.
Truckers’ comments
Thousands of the comments submitted come from truck drivers who would lose their CDL under the rule.
“It is nine years since I (became) a professional truck driver,” Ranjit Singh wrote. “I have no accident in my record, never got any major tickets and my record is clean. I have valid work permit until 2028 and have valid driving license until 2027. But this new rule (is throwing me) out from my work. It’s very hard to do anything else suddenly when you (have been) driving for the past nine years. Please make changes to this rule, so I can start going back to work again.”
Many other truck drivers said they support FMCSA’s rule on non-domiciled CDLs, as well as efforts to enforce existing English-proficiency regulations.
“Full compliance to safety rules and regulations is a must,” Mark Harmon wrote. “I am an American citizen. As an active CDL holder since 1991, the recent uptick in violent crashes involving drivers unable to properly communicate with law enforcement and safety personnel is of great concern to me, as it should be to anyone concerned with safety throughout the transportation industry. I see CDL drivers every single day that cause serious traffic issues and it is because they cannot read the road signs! All of our safety is at risk!”
What’s next?
It appears a lawsuit challenging FMCSA’s interim final rule will be put on pause until the agency reviews the comments and issues an updated final rule.
Before an updated rule is finalized, FMCSA must review the 8,000-plus comments. It is unclear how long that will take, but we do know that the FMCSA and DOT are prioritizing this issue. LL
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