In the USA, a large-scale regulatory conflict continues between the state of California and the federal transportation regulator FMCSA. The dispute concerns non-domiciled CDL and has already led to the freezing of about $160 million in federal funding, as well as the threat of serious consequences for the entire CDL system of the state — as detailed by industry publications, including FreightWaves.
During a federal audit, FMCSA found that about 17,000 non-domiciled CDL issued by the California DMV did not meet federal requirements. The main violation was that the CDL validity period in some cases exceeded the legal work or stay authorization period for drivers in the USA, which contradicts the federal standards set forth in FMCSA regulations.
FMCSA classified this as a systemic issue, not isolated errors, and demanded that California:
- stop issuing non-domiciled CDL,
- revoke or reissue already issued licenses,
- bring processes into full compliance with federal standards as outlined in FMCSA rules.
The California DMV acknowledged administrative errors but stated that immediate mass cancellation of licenses would cause serious economic and social harm.
In an official statement, the DMV announced a 60-day delay in the cancellation of non-domiciled CDL to:
- review disputed cases,
- adjust internal procedures,
- continue dialogue with FMCSA.
The DMV also emphasized the key role of commercial drivers in the economy and supply chains. These arguments were outlined in the official statement of the California DMV, published on the state's website.
Federal authorities perceived California's actions as a refusal to comply with agreed requirements.
U.S. Secretary of Transportation Sean P. Duffy publicly and strongly reacted to the state's decision to postpone deadlines. According to him:
- the deadline for compliance is January 5,
- the extension of deadlines was not agreed with FMCSA and has no legal force,
- federal funding will not be restored until full compliance with the rules.
In one of his official comments, Duffy stated:
"This is a day of reckoning for California. Our demands were simple: comply with the rules, revoke illegally issued licenses, and fix the system so this doesn't happen again."
After this, USDOT and FMCSA froze about $160 million in federal road funding intended for California. A detailed analysis of Duffy's reaction and the federal authorities' position was published in the FreightWaves article on funding freeze.
An additional pressure factor was the adoption of the FMCSA Interim Final Rule, published in the Federal Register. The document tightens the rules for working with non-domiciled CDL and includes:
- strict linkage of CDL validity to immigration status,
- expanded document verification requirements,
- enhanced federal oversight of states.
This regulatory act reflects the official position of FMCSA and serves as the legal basis for the requirements to California.
Possible Consequences
For Drivers
- risk of CDL cancellation or temporary suspension,
- re-verification of documents,
- uncertainty of status and income, as warned by industry resources like CDL Life.
For Carriers
- potential driver shortage,
- increased compliance costs,
- delays and disruptions in logistics, as reported by FreightWaves analysts.
For California
- threat of decertification of the entire state CDL program,
- further loss of federal funds,
- precedent for increased federal control over states.
The conflict over non-domiciled CDL is not just a dispute over documents. It touches on the balance of power between the federal center and states, issues of safety, immigration policy, and the sustainability of the entire transportation industry.
The strong stance of Sean Duffy and FMCSA, extensively covered in FreightWaves industry investigations, shows that the federal regulator is ready to go to the end, using financial and regulatory levers of pressure. For drivers and companies, it is now critically important to follow official updates and prepare in advance for changes in the rules of the game.