Duffy Takes Tough Stance With N.Y. on Noncompliant CDLs
State Called Out for 53% of Trucker Driver Licenses “Issued Unlawfully or Illegally”
Key Takeaways:
- Transportation Secretary Sean Duffy identifies New York as the biggest offender in issuing unlawful or illegal nondomciled CDLs.
- New York is given 30 days to comply or risk losing federal funding.
- FMCSA sent a 20-page letter to New York Gov. Kathy Hochul and Mark J.F. Schroeder of the state DMV outlining compliance issues.
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WASHINGTON — U.S. Transportation Secretary was especially critical of New York when he outlined problems uncovered in a federal audit of the state’s issuance of non-domiciled commercial driver licenses, and threatened harsh consequences if state leaders don’t address his concerns.
“As we’ve done this nationwide audit, we’ve found the worst offender — which is the state of New York,” he said. “ of New York’s non-domiciled were issued unlawfully or illegally. If an applicant comes in and they have a work authorization for 30 days, 60 days or one year, New York automatically issues them an eight-year commercial driver’s license. That’s contrary to the law,” Duffy said Dec. 12. He also alleged that New York often “won’t even verify” if potential truckers have a work authorization, a visa or other proof of legal U.S. residence.
Duffy at a press conference stood alongside Federal Motor Carrier Safety Administrator Derek Barrs to announce the action against New York, the latest in a series of moves that Duffy has made to press states on their CDL issuance practices under the threat of losing millions in federal transportation funds for lack of compliance.
FMCSA Outlines Issues
FMCSA on Dec. 12 sent a 20-page letter to New York Gov. Kathy Hochul and Mark J.F. Schroeder, commissioner of the New York Department of Motor Vehicles outlining problems it identified in the state’s issuance of non-domiciled CDLs and commercial learner’s permits.
The letter stated that FMCSA found that New York “issued non-domiciled CDLs that extend beyond the expiration of drivers’ lawful presence in the United States and issued non-domiciled CDLs to drivers without providing evidence that it verified the driver’s lawful presence in the United States.”
This finding was based on an audit of 200 driver records, 107 of which — or 53% — failed to comply with requirements. FMCSA provided 101 examples non-domiciled CDLs the state issued with an expiration date that stretched beyond the driver’s lawful permitted presence in the U.S. FMCSA said there currently are 32,000 holders of unexpired New York CDLs and CLPs.
New York was ordered to immediately stop issuing new, renewed, transferred or upgraded non-domiciled CLPs and CDLs until FMCSA provides written confirmation that it has accepted and seen implementation of a corrective plan from the state.
30 Days to Comply
New York must immediately void or rescind all unexpired, non-compliant non-domiciled CLPs and CDLs. It was given a 30-day deadline to respond.
If it fails to comply, the state could lose up to $73.5 million in fiscal 2027 awards from National Highway Performance Program and the Surface Transportation Block Grant Program funds.
Duffy in September issued a temporary nationwide emergency rule halting issuance of new non-domiciled CDLs. While that rule was blocked in court, the U.S. Court of Appeals for the D.C. Circuit on Dec. 3 paused the case to provide FMCSA with time consider 8,000 public comments it has received as it weighs a permanent change to its non-domiciled CDL rules. The pause also prevents any further litigation on the existing case.
If new permanent rules are adopted, the contested temporary regulation becomes moot since it would no longer be an enforceable regulation.
California Called Out
Duffy emphasized in the New York announcement that “we will pull every single dollar possible from every single state that’s not willing to cooperate.” To that end, he linked California and New York as the “two main offending states” in issuing non-compliant licenses and permits for non-domiciled commercial vehicle drivers.
“California and New York account for half of non-domiciled CDLs that were issued in the country,” Duffy noted. California recently sent notices to revoke 17,000 non-domiciled CDL holders that were noncompliant (of 62,000 such licenses and permits) after an FMCSA audit.
“This is not political. What we’re taking about is something is very different,” he said. “This about the safety of all of us who travel.”
Duffy also reiterated his past criticism of California for failing to enforce English-language proficiency requirements for truckers. USDOT in a recent social media post on X said that 9,500 truckers have been placed out of service this year through October for ELP violations.
List of States on Notice
So far, FMCSA has threatened to withhold millions of dollars from a growing list of states that have been informed of apparent noncompliance in their issuance of non-domiciled CDLs and CLPs. In addition to California and New York, Colorado, South Dakota, Texas, Pennsylvania, Washington and Minnesota have also been placed on notice. These states also have likewise been ordered to adopt compliance plans, including revocation of non-compliant licenses and permits.
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