Court reviews FMCSA rule on non-domiciled CDL eligibility

A new licensing rule removes about 200,000 non-domiciled commercial driver license holders from the road. The rule took effect in March and is now under review by a federal appeals court.

Under the new requirements, an employment authorization document alone does not qualify a driver. The rule also blocks asylum seekers, refugees, asylees, and DACA recipients from obtaining the license.

Lawyers for the plaintiffs argued that the agency did not provide safety data to show these drivers are less safe than others. They called the restrictions arbitrary.

One judge noted that state agencies cannot check foreign driving records for non-domiciled applicants. She said reviewing past driving behavior helps identify safety risks.

The agency explained that holders of H-2A, H-2B, and E-2 visas still meet the requirements. These visa types already go through Department of Labor or federal work approval processes.

The three-judge panel will study the arguments before issuing a ruling. Appeals courts usually take several months to release a decision after hearing oral arguments.

Source: Land Line — https://landline.media/fmcsa-says-vetting-is-key-to-non-domiciled-cdl-rule/