DOT Issues Final Non-Domiciled CDL Rule
On February 11th, the Department of Transportation (DOT) issued a news release stating what it plans to do in regards to non-domiciled CDLs and their alleged impact on vehicular safety on America’s roads.
Details
The news release states that the DOT will not allow foreign drivers who have not been thoroughly exclaimed by an interagency process from obtaining a Commercial Driver’s License (CDL).
“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,” the agency said in the statement. “This loophole allowed individuals with dangerous driving histories to obtain a trucking license simply by presenting an Employment Authorization Document, which does not screen for transportation safety.”
In simple terms, the Employment Authorization Document will not be enough on its own to provide proof of eligibility, a foreign driver would need to provide other documentation, including H-2A, H-2B and/or E-2 nonimmigrant status, as well as a valid passport and Form I-94 documentation.
Conclusion
“Moving forward, unqualified foreign drivers will be unable to get a license to operate an 80,000-pound big rig,” DOT Secretary Sean Duffy said via the DOT’s website in regards to the changes. “From enforcing English language standards to holding fraudulent carriers accountable, we will continue to attack this crisis on our roads head on.”
Federal Motor Carrier Safety Administration head Derek Barrs said something similar in his own statement. “A critical safety gap allowed unqualified drivers with unknown driving histories to get behind the wheel of commercial vehicles. We are closing that gap today to ensure that only qualified, vetted drivers are operating on our nation’s roadways. If we cannot verify your safe driving history, you cannot hold a CDL in this country.”
The final rule will become official regulation 30 days after February 13th, where it was published in the Federal Register. Depending on how states comply (or refuse to comply), the next chapter of this safety saga may also involve threats of withholding funding. We will have to wait and see to find out.
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