White House takes steps to tighten CDL requirements for truck drivers

It is now more difficult for non-U.S. citizens to obtain a Commercial Driver’s License (CDL) under new Department of Transportation (DOT) rules.

Transportation Secretary Sean Duffy said an audit was done after a deadly crash in Florida last month that was caused by a truck driver attempting an illegal U-turn. Duffy said that truck driver should have never received a CDL because of his immigration status.

A DOT review found that CDLs were improperly issued in California, Colorado, Pennsylvania, South Dakota, Texas and Washington. But Duffy said the problems were so egregious in California that he has threatened to pull $160 million in federal funding.

The nationwide audit began after Harjinder Singh, an India-born truck driver, made an illegal turn on the Florida Turnpike, according to the Florida Highway Patrol. A minivan couldn’t avoid the truck’s trailer and crashed into it. The driver and two passengers were killed. Singh and a passenger in his truck were not injured.

Singh lived in California. He originally was issued a CDL in Washington before California issued him one. In Florida, he has been charged with three state counts of vehicular homicide and immigration violations.

Officials say two other fatal crashes this year were caused by immigrant truck drivers who never should have received licenses. A driver in Texas failed to brake and crashed into a line of cars, resulting in a 17-car pileup that killed five people. And in Alabama, a driver struck four vehicles stopped at a red light, killing two people.

The Florida crash and subsequent investigations have fueled arguments between the governors of Florida and California while eliciting outrage from President Donald Trump and DOT chief Duffy.

Duffy said an audit found instances in which California, Colorado, Pennsylvania, South Dakota, Texas and Washington had issued licenses improperly. He says CDL rules need to be stricter.

The DOT investigation showed that one in four of the 145 commercial drivers licenses for noncitizens issued since June should have never been issued under the current rules.

American Trucking Associations President & CEO Chris Spear is supporting the tougher CDL requirements.

“ATA supports steps to strengthen credentialing standards and ensure that non-domiciled CDL holders have and maintain the proper authorization and qualifications required under federal law,” Spear said in a statement. “Rules only work when they are consistently enforced, and it's imperative that all state driver licensing agencies comply with federal regulations. We appreciate USDOT taking these steps to guarantee that happens, and we look forward to reviewing the rule in detail and providing specific feedback in our official comments.”

Five things have changed immediately in the wake of the Florida accident and subsequent investigation:

•  CDL eligibility is restricted to only H-2A, H-2B, and E-2 visa holders.
•   Employment Authorization Documents (EADs) are no longer sufficient by themselves to earning a CDL.
•   System verification is now mandatory for all applications.
•   An annual in-person renewal is required (no more mail renewals).
•   The words “Non-domiciled” must be clearly displayed on CDLs.

A two-year phase-out period should help motor carriers adjust hiring practices and find qualified drivers through proper channels.

The impact on the trucking industry is multifold, analysts said.

First, as many as 200,000 current non-domiciled CDL holders may lose eligibility, further exacerbating a truck driver shortage ATA now estimates at 60,000.

Only about 6,000 CDL renewals are expected annually under new rules. States must pause issuance until their systems comply with the new regs. The federal government admits some motor carriers could face workforce disruption because of the lack of drivers. 

While the immediate implementation of new CDL regs may be disruptive to some carriers, FMCSA has a “good cause” justification behind the move. Trucking officials admit when 25% of CDL licenses in one state are improperly issued and fatal crashes are directly linked to regulatory failures, emergency action became necessary.

Baird trucking analyst Daniel Moore estimates that there are roughly 200,000 non-domiciled CDL holders and another 20,000 non-domiciled commercial learner's permit holders. Moore estimated this pool amounts to approximately 20% of the for-hire driver pool.

In order to obtain a non-domiciled CDL, applicants must first apply for and be granted an Employment Authorization Document (EAD). Renewal is required annually, or every two years, depending on status, and a CDL issued to a non-domiciled driver cannot extend beyond the expiration of their underlying EAD.

Baird’s analysis suggests there is heightened scrutiny to EAD renewals, which he believe aligns with the administration's broader policy posture regarding immigration-related employment.