Transportation Secretary Duffy Details Clamps Down on New York State's Non-Domiciled CDL Practices

Transportation Secretary Sean Duffy

The U.S. Department of Transportation (USDOT) announced that a nationwide audit by the Federal Motor Carrier Safety Administration (FMCSA) found significant compliance failures in the New York Department of Motor Vehicles’ (DMV) non-domiciled Commercial Driver’s License (CDL) program. Federal officials reported that New York routinely issued CDLs to foreign drivers in violation of federal requirements.

FMCSA’s review of 200 sampled records found that 107 licenses, or 53 percent, were issued unlawfully. The audit determined that, stunningly, New York’s system defaulted to issuing eight-year, non-REAL ID CDLs without considering a driver’s lawful presence in the United States. Federal officials also reported that the state issued CDLs without verifying current lawful presence and, in some cases, relied on expired immigration documents to grant commercial driving privileges.

As a result, USDOT has ordered New York to immediately revoke all illegally issued non-domiciled CDLs and bring its licensing practices into compliance with federal law. The Department also directed the state to pause all issuance, renewal, transfer, and upgrades of non-domiciled CDLs and Commercial Learner’s Permits (CLPs) during a comprehensive internal audit. Failure to act could result in the loss of approximately $73 million in federal highway funding and possible decertification of New York’s CDL program.

FMCSA Administrator Derek Barrs stated that the audit revealed a “grossly unacceptable deviation from federal regulations” that undermined the integrity of the state’s CDL system. Under federal regulations, New York has 30 days to respond to FMCSA’s enforcement action and demonstrate compliance. The outcome may have broader implications as FMCSA continues its nationwide review of non-domiciled CDL issuance practices.

CVTA views FMCSA’s findings as a serious reminder of the importance of consistent, lawful oversight of Commercial Driver’s License programs nationwide. CVTA and its members have long emphasized that non-domiciled CDL issuance requires oversight to ensure compliance with federal requirements and to ensure that only properly qualified drivers are authorized to operate commercial motor vehicles. Watch Secretary Duffy's Press Conference here: https://tinyurl.com/55btetju Read past CVTA blog on NY CDL's here: https://tinyurl.com/mra42a36