FMCSA Upholds Foreign Driver Restrictions Amid Widespread State Opposition

The Federal Motor Carrier Safety Administration (FMCSA) is proceeding with plans to extend provisions for a controversial information collection mandate. This announcement comes amidst significant state opposition and uncertainty stemming from a federal court stay on the underlying regulations.

Background on the FMCSA’s Rule

In September, the FMCSA issued an interim final rule (IFR) aimed at tightening regulations around non-domiciled Commercial Driver’s License (CDL) and Commercial Learner’s Permit (CLP) holders. This rule has faced backlash from several states.

State Opposition and Legal Challenges

A coalition of 19 states, including Massachusetts and California, has formally challenged the FMCSA’s data collection initiative. These jurisdictions argue that the agency’s actions exceed its federal authority and lack legal justification, particularly concerning immigration.

• States claim the FMCSA has no statutory authority over immigration matters.
• FMCSA self-acknowledged the lack of evidence linking a driver’s country of domicile to safety outcomes.
• State officials argue that the new requirements place unnecessary burdens on Driver’s Licensing Agencies.

Support for FMCSA’s Initiative

Despite the challenges, the FMCSA references support from the Small Business in Transportation Coalition (SBTC). The SBTC advocates for small trucking companies and owner-operators, asserting that data collection is essential, although it did not dispute the agency’s estimates regarding the administrative burden.

Agency’s Justification for Continued Enforcement

The FMCSA insists that its authority over CDL issuance is substantial. Recent Annual Program Reviews highlighted a “lack of available information” on non-domiciled licenses at the state level, hindering federal compliance verification.

• FMCSA maintains that without required documentation, it cannot ensure compliance with regulatory standards.
• States are unable to validate the proper issuance of non-domiciled CLPs and CDLs.

Next Steps for Data Collection

FMCSA is seeking a three-year approval for its data collection process, which is critical for potential enforcement once the court stay is lifted. The agency is now inviting public comments on the necessity of this data collection, with a deadline for submissions set for March 2.

As the legal landscape evolves, the ongoing dialogue surrounding the FMCSA’s foreign driver restrictions will be crucial in determining the future of CDL issuance regulations across the country.