New York Challenges FMCSA in Latest CDL Court Case
FMCSA Withholds Funding From California and New York Over Non-Domiciled CDL Compliance
The Federal Motor Carrier Safety Administration has withheld funding from California and New York, alleging that the states failed to comply with federal requirements governing non-domiciled commercial driver’s licenses. Both states have challenged the agency’s action in court.
Dispute Centers on CDL Eligibility and Record Checks
The legal dispute focuses on how states verify the eligibility and driving histories of applicants who do not establish a permanent U.S. domicile but seek commercial driving credentials.
During court proceedings, an FMCSA attorney was unable to explain specifically how the agency determined that all visa applicants would have their driving records properly vetted before receiving CDL eligibility. The agency also could not confirm that those checks would occur in every case before an applicant applied for a commercial license.
The issue could affect not only the visa applicant but also employees of businesses connected to the applicant. The court has examined whether FMCSA’s rulemaking adequately addressed those verification procedures, including the agency’s consultation with the U.S. Department of State.
States Challenge Federal Enforcement
California and New York have taken FMCSA to court over the funding decision and the agency’s enforcement of its non-domiciled CDL requirements. The states’ lawsuits seek to block or reverse the funding penalties while the courts consider whether FMCSA acted within its authority and followed proper procedures.
The cases could have broader implications for state driver-licensing agencies, motor carriers that employ non-domiciled CDL holders and federal oversight of commercial licensing standards.
