What's Happening?
The United States Department of Transportation (DOT) has issued a final rule aimed at preventing unqualified foreign drivers from obtaining commercial driver's licenses (CDLs) to operate trucks and buses in the U.S. This rule addresses a significant safety
concern, as foreign drivers have not been subjected to the same rigorous checks as U.S. drivers. The DOT highlighted that foreign drivers could previously obtain CDLs using Employment Authorization Documents (EADs), which do not screen for highway safety, leading to tens of thousands of licenses being issued to ineligible drivers across more than 30 states. The new rule, effective 30 days after its publication, mandates that only holders of specific nonimmigrant statuses, such as H-2A, H-2B, and E-2, who undergo enhanced vetting, are eligible for CDLs. Additionally, EADs will no longer be accepted as proof of eligibility, and states must verify applicants' lawful immigration status through the Systematic Alien Verification for Entitlements (SAVE) system.
Why It's Important?
This rule is crucial for enhancing road safety in the U.S. by ensuring that only qualified and vetted drivers operate commercial vehicles. The previous loophole allowed drivers with potentially dangerous driving histories to obtain CDLs, posing a risk to public safety. By closing this gap, the DOT aims to reduce accidents and improve the overall safety of U.S. roadways. The rule also aligns with broader regulatory and executive actions by the White House to enhance roadway safety, including audits that revealed non-compliance in CDL issuance across several states. This move is expected to have significant implications for the trucking industry, as it will require stricter compliance and verification processes, potentially affecting the availability of qualified drivers.
What's Next?
Following the implementation of this rule, state licensing agencies will need to adjust their processes to comply with the new requirements. This includes enhancing their verification systems and ensuring that only eligible applicants receive CDLs. The DOT and the Federal Motor Carrier Safety Administration (FMCSA) will likely continue to monitor compliance and work with states to address any challenges in implementing the rule. Additionally, there may be further regulatory actions to address other safety concerns in the trucking industry, such as entry-level driver training and English language proficiency requirements.
