State Ends Non-Domiciled CDLs, Reshaping Commercial Driving Rules

The Federal Motor Carrier Safety Administration has finalized restrictions on non-domiciled commercial driver’s licenses, a move expected to remove roughly 200,000 credential holders from the road while federal and state officials increase scrutiny of foreign commercial drivers.

Final rule limits eligibility

FMCSA published its final rule in February 2026 to tighten federal oversight of how states issue non-domiciled commercial learner’s permits and commercial driver’s licenses. The rule took effect March 16, 2026, and limits eligibility for non-domiciled CDLs to holders of H-2A, H-2B and E-2 visas.

The agency said the changes were necessary because some states issued licenses without being able to adequately review applicants’ driving histories and eligibility. The rule is expected to affect approximately 200,000 non-domiciled CDL holders.

The regulation is being challenged in the U.S. Court of Appeals for the D.C. Circuit in Rivera Lujan v. FMCSA, No. 26-1032.

States halt or restrict issuance

Louisiana and Wyoming have stopped issuing non-domiciled commercial driver’s licenses. Ohio also has moved to end its program and downgrade affected credentials. The state had not issued or renewed non-domiciled CDLs after FMCSA updated its requirements in September 2025.

FMCSA placed California under special scrutiny in September 2025 after identifying substantial noncompliance with federal licensing standards. The agency’s broader review followed concerns that states were issuing non-domiciled credentials without sufficient access to applicants’ driving records.

A report cited in connection with the federal action also identified New York as having issued more than 32,000 non-domiciled CDLs.

Enforcement activity expands

The U.S. Department of Transportation and state law enforcement agencies have conducted coordinated enforcement operations targeting suspected violations involving foreign commercial drivers and carriers.

USDOT reported that officers detained 51 individuals who were in the country illegally, including 21 drivers holding non-domiciled CDLs issued by California and New York. Authorities also reported placing 766 drivers and vehicles out of service, making 86 arrests and identifying nearly $1 million in related enforcement actions.

The federal rules governing English-language proficiency and non-domiciled CDLs generally apply to licensing and commercial motor vehicle operations rather than leasing companies. Super Ego said it supports establishing clear safety standards for individuals operating trucks and trailers placed on the road by its customers.