Thousands of truckers respond to DOT’s non-domiciled CDL rule

Just a few weeks ago, Transportation Secretary Sean Duffy called the non-domiciled CDL system “a threat to public safety” – and wasted no time in acting.

On Sept. 29, the Federal Motor Carrier Safety Administration issued an interim final rule aimed at restricting who can qualify for a non-domiciled CDL.

“Restoring Integrity to the Issuance of Non-Domiciled CDLs” would significantly limit state driver’s license agencies’ authority to issue and renew non-domiciled CDLs for individuals from foreign jurisdictions.

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.

“Although these individuals may be eligible for employment in the United States, they would not be eligible to apply for a non-domiciled commercial learner’s permit or CDL,” the Federal Motor Carrier Safety Administration wrote in the notice.

FMCSA gave the public through Nov. 28 to comment on the interim final rule. Even though there’s still more than a month to go, the comments are already pouring in.

As of Friday, Oct. 17, more than 3,000 comments had been submitted, with many truckers voicing strong opinions.

So, what are they saying?

Some truckers are saying the restrictions are needed to improve safety. Many argue that the current non-domiciled CDL system has put unqualified drivers behind the wheel of an 80,000-pound truck.

“Glad to see the government is working to protect American lives,” Brae Bledsoe wrote. “We need to enforce rules about people being in jobs suitable for their status in America. Non-domiciled drivers from other countries do not belong on our roads. Plenty of other work is available that they can do …”

Other drivers say the barrier to entry should be higher for all CDL holders – not just non-domiciled CDLs.

“There is no difference between U.S. citizens and (non-domiciled) workers in terms of their ability to cheat the system when obtaining a CDL,” Mark Romanov wrote. “Stricter licensing rules should be implemented over time to reduce the likelihood of cheating on the exam and be an industry standard regardless of nationality of drivers. The real problem is the low level of English proficiency among migrant drivers. A mechanism should be established for workers with a valid work authorization to obtain the CDL on the same basis as Americans, upon proof of English proficiency.”

Many of the comments come from truck drivers who are concerned they are going to lose their ability to operate a commercial motor vehicle.

“I have lived in the United States for over 10 years, completely legally,” Dmitry Yakubchik wrote. “I personally hold a non-domiciled CDL and never had a single accident or violation. The same applies to the drivers I work with – they are safe, responsible and follow every federal rule. By removing eligibility for drivers like us, FMCSA is taking away the lawful livelihood of our families. We pay taxes, obey the law and serve this country’s economy every day. Please reconsider this rule. There must be a fair way to remove unsafe drivers without destroying honest, law-abiding workers and their families.”

“English proficiency should be required, or (a) retest for CDL should be mandated, but don’t just cancel all the non-domiciled CDLs at once,” Shubham Ghumaan wrote. “I will lose my home and my livelihood if my CDL is canceled.”