Several states are cracking down on non-domiciled CDLs by codifying stiffer rules into law. Indiana passed one of the toughest laws, and one of the provisions just went into effect.
Non-domiciled CDLs and English-language proficiency have created problems in the trucking industry for years. Those issues have grabbed mainstream headlines after the Department of Transportation under President Donald Trump honed in on them in its efforts to clean up trucking.
In February, the Federal Motor Carrier Safety Administration published a final rule putting stricter requirements on non-domiciled CDLs. Last year, the agency reinstated the out-of-service designation for English-proficiency violations.
Whereas laws are carved in stone, agency rules and guidance are penciled in, and a new White House administration can erase them from existence. Since issuing a driver’s license, including CDLs, is a state right, several state legislatures are cementing the DOT’s new federal policies into state law.
One of those states is Indiana. In March, Gov. Mike Braun signed HB1200 into law one of the strictest state rules regulating non-domiciled CDLs. New rules in the Hoosier State include:
- Revocation of non-domiciled CDL if driver loses legal status to stay in the U.S.
- Fake documents or invalid foreign CDL is now a felony; $5,000 fine for drivers, $50,000 fines for employers
- Businesses knowingly training ineligible drivers face steep penalties
- CDL testing conducted entirely in English
- Codifies English proficiency
- All non-domiciled CDLs issued before March 1, 2026, expire April 1, 2026
That last provision just kicked in a few days ago.
The new law requires all non-domiciled CDL holders to hold a H-2A, H-2B or E-2 visa. Those who do not no longer have a valid. According to an Indiana Bureau of Motor Vehicles spokesperson, nearly all non-domiciled CDLs were revoked on April 1.
“Too many of these illegal drivers have killed innocent people and made our roads less safe,” said state Rep. Jim Pressel, R-Rolling Prairie, sponsor HB1200. “Indiana is taking a stand to protect Hoosiers against these dangerous drivers who are exploiting our laws and licensure process.”
Up until last year, more than 3,100 non-domiciled CDLs were issued in Indiana. FMCSA’s new rules and guidance eliminated many of them, cutting the number to nearly 2,000.
An Indiana BMV spokesperson told Land Line that almost all of the remaining non-domiciled CDL holders lack the now-required work visas, leaving the state with only a handful. Those CDLs account for only about 1% of all CDLs issued in the state. No new non-domiciled CDLs are being issued while a federal audit is pending.
Indiana was one of 24 states and the District of Columbia whose issuance of non-domiciled CDLs was audited by the FMCSA. The state has been proactive in addressing the issue, including U.S. Sen. Jim Banks, R-Ind., establishing a TruckSafe Tipline targeting unauthorized truck drivers.
Alabama, South Dakota and Utah have also passed bills dealing with non-domiciled CDLs or English proficiency. States with pending bills include Arizona, Georgia, Kentucky, Illinois, Iowa, Oklahoma, Tennessee, South Carolina, Wyoming.
Florida failed to pass a bill that required police to detain undocumented truck drivers and turn them over to immigration officials. That bill would have impounded those trucks and fined the owners up to $50,000. English proficiency requirements were also included.
At the federal level, there is an effort to codify the DOT’s new rules and guidance into law. HR5688, known as Dalilah’s Law, will cement English proficiency into federal law and strengthen non-domiciled requirements. The bill would also ban foreign dispatch services/brokers and crack down on CDL mills.
The bill does not require mandatory recertification for all CDL holders within 180 days, as previous versions did. Dalilah’s Law advanced to the full House in March. LL
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