The terrible accident in Florida has all eyes on foreign-national commercial truck drivers. While the vast majority of foreign-born drivers on the nation’s roadways are legal and safe, sadly, there is a segment which is neither.
The current crackdown on English Language Proficiency (ELP) and Non-Domiciled Commercial Driver’s License (CDL) is intended to focus on this illegitimate segment.
A Non-Domiciled CDL is one issued by a state to an individual who is not a resident of that state.
Some states, like California, have a more liberal policy regarding Non-Domiciled CDLs. California has issued approximately 25% of the nearly 200,000 Non-Domiciled CDLs issued in the US, and the Federal Motor Carrier Safety Administration (FMCSA) is cracking down on this practice.
The FMCSA’s rule “tightens eligibility, strengthens safeguards, and makes clear when these licenses must be canceled or revoked.” In practice, it means the states must verify documents through Homeland Security’s system, keep applications for at least two years, match Non-Domiciled CDL expiration dates to visa expiration dates and downgrade CDL if driver becomes ineligible.
Drivers holding Canadian or Mexican CDLs are not subject to this rule as the US already recognizes their licenses.
On the subject of ELP, there are bills at the federal level requiring weigh stations to enforce English Language Proficiency as well as threats of withholding federal transportation dollars from states who do not comply.