Court reviews FMCSA rule on non-domiciled CDL eligibility
The policy impacts roughly two hundred thousand drivers and changes document requirements. Carriers should wait for the court decision before altering staffing plans.
A federal appeals court will review the FMCSA rule that changes who can hold a non-domiciled commercial driver license. The D.C. Circuit Court heard arguments on September 11 regarding a dispute with California over $160 million in withheld funding for failing to cancel more than 17,000 licenses. The court will hear a second case on September 15.
The rule took effect in March and is expected to remove roughly 200,000 drivers from commercial operations. It no longer accepts an Employment Authorization Document as proof of eligibility. Asylum seekers, refugees, asylees and DACA recipients are also excluded.
Drivers and their legal representatives argue the agency lacks safety data to justify the restrictions. They note that FMCSA has not compared the crash records of the affected group to other commercial drivers.
FMCSA maintains the policy focuses on verification and training standards rather than safety statistics. Agency lawyers state the change addresses a gap in state systems that prevents officials from checking foreign driving records.
A three-judge panel will hear the September 15 arguments. The outcome could change how carriers verify driver credentials and manage their workforce. Companies should monitor the ruling before adjusting hiring or compliance plans.
Source: Land Line — https://landline.media/non-domiciled-cdl-fight-shifts-into-high-gear/
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