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Transportation Secretary Sean Duffy's interim rule took effect Sept. 29, about halfway through an FMCSA audit of states’ practices concerning issuance of non-domiciled CDLs. (Michael Nagle/Bloomberg)

U.S. Transportation Secretary Sean Duffy has vowed to fight a recent court order pausing his agency’s emergency interim rule that blocks states from issuing non-domiciled commercial driver licenses.

The U.S. Court of Appeals for the District of Columbia Circuit by a 2-1 vote on Nov. 13 temporarily blocked the Federal Motor Carrier Administration from enforcing a national halt to states that issue non-domiciled CDLs.

“I will FIGHT this ruling,” he declared Nov. 15 on X. “We won’t stop fighting to keep dangerous, unqualified truck drivers off the road.”

His interim rule took effect Sept. 29, about halfway through an FMCSA audit of states’ practices concerning issuance of non-domiciled CDLs and adherence to federal law. Duffy at that time issued an emergency temporary ban on states’ issuance of non-domiciled CDLs and commercial learner’s permits on grounds that the audit had already uncovered problems regarding issuance of driving privileges to individuals whose licenses and permits remain valid years after their legal status to remain in the U.S. had expired.

I will FIGHT this ruling.

The facts are clear: our national audit has exposed a complete breakdown in how states issue non-domiciled licenses — allowing thousands of dangerous drivers to operate trucks.

Our new rule CLOSES a loophole that let foreign drivers get a trucking… — Secretary Sean Duffy (@SecDuffy)

The interim rule was adopted on grounds that the risk posed by certain holders of non-domiciled driving privileges posed a national emergency for highway safety.

Duffy defended his earlier action.

“Our new rule CLOSES a loophole that let foreign drivers get a trucking license without proving they qualify. That’s absurd, and a DIRECT THREAT to the public. Just look at the recent crashes by these drivers, which killed a dozen innocent Americans. This is a CRISIS that requires immediate action,” he said. “The facts are clear: our national audit has exposed a complete breakdown in how states issue non-domiciled licenses — allowing thousands of dangerous drivers to operate trucks.”

The judges contended in their ruling that pausing the FMCSA’s ability to enforce its temporary federal rule will give the court time to consider judicial actions challenging its legality.

The court noted that its action was compelled in part by the preliminary determination that the emergency rule will not be upheld on legal grounds. For one, it said, FMCSA acted without first consulting states, which it is required to do by statute.

States are not required by federal law to issue non-domiciled CDLs and CLPs, but all but a handful make them available.

Since the FMCSA interim rule took effect, Nevada has decided to permanently phase out issuance of non-domiciled CDLs and CLPs.

It was one of several states FMCSA put on notice due to audit findings that indicated compliance issues with federal law. Duffy has threatened to pull federal transportation funding from states that do not comply. In California, he did so over the state’s lack of compliance with federal English-language proficiency laws.

FMCSA through its audits also has determined that states have issued non-domiciled CDLs to people residing in Mexico and Canada, even though those countries’ domestic CDLs have reciprocity with the U.S.

Safety rules and regulations only work when they are evenly and consistently enforced across all 50 states.

We applaud for holding states to account and ensuring only qualified drivers are operating on our nation's roads. — American Trucking (@TRUCKINGdotORG)

American Trucking Associations in a news release in which it backed Duffy’s crackdown.

“These licenses can’t be issued to Mexican and Canadian drivers, since they’re already covered by agreements between our countries. But they must meet the same rigorous federal testing standards as all CDLs,” ATA said.