Update: Further Info on FMCSA Rule Regarding Eligibility for Non-Domiciled CLPs/CDLs

On Friday, Sept. 26th, the CVTA community duly noted the USDOT Interim Final Rule (IFR), imposing greater oversight and enforcement of state licensing activities for non-domicile CLPs and CDLs. This authority was invoked due to audit findings of "gross negligence" in CDL licensing in California and "licensing patterns not consistent with federal regulations in Colorado, Pennsylvania, South Dakota, Texas, and Washington." FMCSA's rare use of immediate enforcement power is a refreshing tactic that CVTA members want to see similarly used to remove bad actor entities from the ELDT Training Provider Registry (TPR).

Here is an update with more extensive information on the various elements within the rule.

Most notably, the rule permits non-domicile CDL and CLP issuance to ONLY THE FOLLOWING three employment-based nonimmigrant categories:

H-2A (Temporary Agricultural Workers),

H-2B (Temporary Non-Agricultural Workers), and

E-2 (Treaty Investors). 

C08 work permits are no longer eligible for CDL and CLP issuance in any state.

Other Requirements of the Rule:

1. Limits eligibility to individuals maintaining lawful immigration status in the specified employment-based nonimmigrant categories (H-2A, H-2B, E-2).

2. Requires documentation: non-citizen applicants (except lawful permanent residents) must provide an unexpired foreign passport and an unexpired Form I-94/I-94A showing eligible status at every issuance, transfer, renewal, and upgrade.

3. Mandates SDLA verification: states must query DHS’s Systematic Alien Verification for Entitlements (SAVE) to confirm lawful status.

4. Document retention: SDLAs must keep copies of application documents for at least two years.

5. Credential expiration: the CLP or CDL must expire on the I-94 date or one year from issuance, whichever is sooner.

6. In-person renewals: applicants must appear in person for each renewal.

7. Downgrade requirement: SDLAs must downgrade credentials if they learn the holder is no longer eligible.

Example of erroneous license issued in California during FMCSA's June audit

These changes may affect some members who serve students or drivers in now-excluded work permit categories. CVTA recommend members review enrollment to confirm visa categories, update documentation procedures to meet the standards, and contact SDLAs for information on issuance timelines. CVTA will continue to monitor implementation and share updates as FMCSA provides further guidance.

Again, the CVTA community notes the recent USDOT Interim Final Rule (IFR) as a use of immediate enforcement power and a refreshing tactic that CVTA members want to see similarly used to remove bad actor entities from the ELDT Training Provider Registry (TPR). As discussed, CVTA members' anecdotal assessments across forty-six states indicate there are hundreds, and likely thousands of bad actors on the (TPR). These entities bilk students out of money while providing substandard training at CDL mills or commit outright fraud through pay-to-play licensing schemes with employees at state licensing facilities. Such practices are a massive threat to safety on the nation's highways. CVTA's ELDT Task Force strongly recommends that FMCSA turn this newfound enforcement power onto the bad actors in the training space immediately.