FMCSA wants to require states to keep documents for non-domiciled CDL for at least two years: what's happening and why it matters

The Federal Motor Carrier Safety Administration (FMCSA) continues to tighten control over the issuance of so-called non-domiciled CDL — commercial driver's licenses issued to drivers who are not permanent residents of a specific state.

At the end of January 2026, the agency took a new step: it seeks to require states to retain documents from applicants for non-domiciled CDL for at least two years. This decision has elicited a notable reaction from government bodies and the transportation industry.

According to the official FMCSA notice published as part of the federal information collection procedure, states will be required to:

• retain copies of key documents used in the issuance of non-domiciled CDL or CLP
• keep these records for at least two years
• provide them to FMCSA upon request in a timely manner

FMCSA explicitly states that this is necessary to control the legality of issuing such licenses:

“FMCSA needs to ensure that non-domiciled CLPs and CDLs are issued properly… States must retain the required documentation…”
(FMCSA notice, January 2026)

The official text of the notice is published in the Federal Register: FMCSA Information Collection Notice.

This initiative did not arise out of nowhere. On September 29, 2025, FMCSA issued an Interim Final Rule aimed at “restoring integrity” to the system of issuing non-domiciled CDL.

The agency argued that in some states, licenses were issued without proper verification of applicants' status and documents.

The regulation is published in the official register: Restoring Integrity to Non-Domiciled CDL Issuance.

Not all states agree with the new federal position. In comments on the initiative, a group of states led by Massachusetts and California stated that the requirements:

• create significant administrative burden
• affect the storage of sensitive personal data
• effectively shift federal immigration functions to the states

In a joint letter, they emphasize that FMCSA is overstepping transportation regulation and approaching immigration control issues.

The states' comment is available here: Massachusetts & California Comment Letter.

For drivers obtaining non-domiciled CDL, this means stricter checks and potentially longer application processing times.

For states — additional costs for storage and administration.

For the trucking industry — increased control over the legitimacy of driver documents, which may affect the labor market and driver availability.

FMCSA continues its course on tightening the rules for issuing non-domiciled CDL, and the requirement to keep documents for at least two years becomes part of this strategy.

However, resistance from the states shows that the issue remains politically and legally contentious. In the coming months, further proceedings and possible changes to the final version of the rules can be expected.