In August of this year, a crash caused by semi-driver Harjinder Singh after he made an illegal U-turn on a Florida toll road killed three people.
An investigation revealed that Singh (a native of India) was in the United States illegally and was issued a commercial driver’s license (CDL) from California — one of 19 states that grant licenses regardless of immigration status. Shortly afterward, the US State Department paused visas for commercial truck drivers.
Then, the Department of Transportation (DOT) Secretary Sean Duffy ordered a nationwide audit by the Federal Motor Carrier Safety Administration (FMCSA). The audit revealed that many states have been unlawfully issuing licenses to foreign drivers, and even when regulations are correctly applied, the system itself is flawed. Together, these problems posed such an urgent threat to roadway safety that the agency put together an emergency action plan.
FMCSA’s nationwide review of state processes for issuing non-domiciled CDLs uncovered:
- Systemic non-compliance across several states, including California, Colorado, Pennsylvania, South Dakota, Texas, and Washington;
- Programming errors and weak quality assurance; and
- Insufficient staff training that led to CDLs being issued to drivers who were noteligible and to drivers with expiration dates extending beyond a driver’s legal stay inthe U.S.
During his announcement of the emergency action plan issued as a result of the findings, Duffy placed the blame squarely on the Biden Administration’s Border Policies.
“Non-citizens will not be eligible for a CDL unless they meet a much stricter set of rules. Second, all states must immediately pause the issuance of non-domiciled CDLs. We have launched a nationwide audit of non-domiciled CDLs to get to the bottom of what we think is causing this crisis. It was alleged that the open border policies of the last administration has led to an exploitation of our nation’s trucking licensing system.”
Several new and challenging requirements are being implemented.
Prospective drivers must now meet stricter rules including providing an unexpired foreign passport and specific visas allowing the driver to work in the United States. Licenses must expire within one year, or the same date as the work authorization, whichever comes first. People not in the country legally cannot be issued licenses.“Current federal regulations are allowing dangerous, unqualified drivers on American roadways,” Duffy said. “This means that, even when the rules are being followed, dangerous individuals who shouldn’t be near a big rig are getting behind the wheel and causing crashes on our roadways.”The rule does not revoke anyone’s license who already has a CDL, however Duffy said they are looking at ways to make it retroactive.
The audit showed that California had egregious noncompliance issues with the requirements for foreign commercial truck drivers. Subsequently, the state is now subject to additional rules.
In California alone, more than 25% of non-domiciled CDLs reviewed were improperly issued. This opens the door to thousands of unsafe drivers on the road, including some with licenses extending as many as four years beyond the expiration date of their lawful presence documentation. In one shocking case, California gave a driver from Brazil a CDL with endorsements to drive a passenger bus and a school bus that was valid for months after his legal presence expired.This is why, in addition to the emergency rule, Secretary Duffy also announced direct enforcement action against California. The state must immediately:1. Pause issuance of non-domiciled CDLs.2. Identify all unexpired non-domiciled CDLs that fail to comply with FMCSA regulations.3. Revoke and reissue all noncompliant non-domiciled CDLs if they comply with the new federal requirements.
The state is poised to face serious fines if it fails to meet these requirements.
“California’s reckless disregard is frankly disgusting and an affront to the millions of Americans who expect us to keep them safe,” Duffy said. “California must get its act together immediately or I will not hesitate to pull millions in funding. To every other state around the country – find all improperly issued CDLs and revoke their licenses now. We owe it to the American people to ensure only lawful, qualified drivers are operating big rigs on our highways.”California has 30 days to come into compliance, or FMCSA will withhold federal highway funds — starting at nearly $160 million in the first year and doubling in year two.
The state could also face the loss of its licensing program.
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