FMCSA final rule cracks down on non-domiciled drivers

On Feb. 11, the Federal Motor Carrier Safety Administration issued a new final rule to make it more difficult for non-domiciled drivers to gain a commercial driver’s license or learner’s permit. According to the DOT, this final rule will help reform the process by which foreign drivers are screened and licensed to drive commercial trucks.

“We are closing that gap today to ensure that only qualified, vetted drivers are operating on our nation’s roadways," said FMCSA Administrator Derek D. Barrs. “If we cannot verify your safe driving history, you cannot hold a CDL in this country.”

The key provisions of the Final Rule, which is effective 30 days after its publication in the Federal Register, include:

• Strict Eligibility: Eligibility is limited to H-2A, H-2B, and E-2 nonimmigrant status holders, who undergo enhanced interagency vetting.
• Elimination of EADs: EADs are no longer accepted as proof of eligibility due to the systemic noncompliance at the SDLAs. Applicants must present an unexpired foreign passport and specific Form I-94 documentation.
• Mandatory SAVE Verification: States must query the Systematic Alien Verification for Entitlements (SAVE) system to confirm every applicant's lawful immigration status

The department noted that while “U.S. drivers are subject to strict checks through national databases for past violations—such as DUIs, reckless driving, or crash involvement—states lack the ability to access the driving records of foreigners and illegal immigrants.”

California has been singled out for its negligent policies by the FMCSA. In an audit of 145 records last summer, the agency found 26% of drivers failed to comply with federal standards (49 CFR parts 383 and 384). In three instances, CDLs were provided despite the state not verifying their legal status to work in the U.S.

“For far too long, America has allowed dangerous foreign drivers to abuse our truck licensing systems—wreaking havoc on our roadways. This safety loophole ends today,” said U.S. Transportation Secretary Sean P. Duffy. “Moving forward, unqualified foreign drivers will be unable to get a license to operate an 80,000-pound big rig.”

This rule comes in the wake of several high-profile fatal crashes involving truck drivers without legal status and, apparently, without the skills to operate a heavy-duty truck. Last year, the Department of Transportation counted 17 fatal crashes involving non-domiciled drivers that led to 30 deaths.

This month claimed four more lives when an illegal immigrant from Kyrgyzstan recklessly swerved his Freightliner around another tractor-trailer on an Indiana highway. The truck collided with a van carrying several Amish workers.

Last spring, the FMCSA issued a new enforcement policy to place drivers out of service if they cannot meet English proficiency requirements.

For fleets that put safety first, this will come as a relief, as it makes it more difficult for ethically questionable trucking companies and CDL mills to exist within the industry. Those unqualified drivers and trucking companies make the roads far more dangerous while increasing insurance premiums and overall damaging the industry’s reputation.

According to Todd Spencer, president of the Owner-Operator Independent Drivers Association, the issue is not just small, fly-by-night trucking outfits run, but large fleets that put profits over safety:

“Certain large carriers and their advocates have spent years pushing policies that expand access to cheaper labor, often at the expense of safety and professional standards,” Spencer stated in response to the final rule. The decades old ‘driver shortage’ narrative has been used to justify lowering standards and bringing inadequately trained drivers into the industry. The result has been a steady erosion of professionalism that has made our highways less safe. This rule is a course correction and will remove unqualified drivers from the road.”