The U.S. Department of Transportation (DOT) has finalized new regulations to prevent unqualified foreign drivers from obtaining Commercial Driver’s Licenses (CDLs) for trucks and buses. The move addresses long-standing safety concerns about inconsistent licensing standards for non-U.S. citizens, which officials say have contributed to preventable accidents.
Addressing a Critical Safety Gap
For years, states have had varying levels of scrutiny when issuing CDLs to foreign nationals, creating a loophole where drivers with poor records in their home countries could obtain licenses without proper verification. While U.S. citizens applying for CDLs face comprehensive background checks – including accident history, violations, and DUI records – these checks were not consistently applied to foreign applicants.
The DOT found that some states were illegally issuing licenses to tens of thousands of ineligible drivers by relying on Employment Authorization Documents (EADs) without verifying transportation safety. This system allowed individuals with dangerous driving histories to operate commercial vehicles simply by presenting an EAD, which does not screen for driving safety.
New Requirements for Licensing
Under the new rule, eligibility for a CDL is now limited to those holding H-2A, H-2B, or E-2 nonimmigrant status, who will undergo “enhanced interagency vetting.” EADs will no longer be accepted as proof of eligibility; applicants must now present an unexpired foreign passport along with Form I-94 documentation.
States are also required to verify applicants’ lawful immigration status through the Systematic Alien Verification for Entitlements system. The DOT estimates that approximately 30 people were killed last year in accidents involving non-domiciled drivers who would be ineligible under the new rules.
Industry Response and Concerns
Transportation Secretary Sean Duffy stated the rule closes a dangerous loophole that has allowed unqualified foreign drivers to operate large commercial vehicles. The Owner-Operator Independent Drivers Association (OOIDA) welcomed the change, with President Todd Spencer asserting that it would improve safety and accountability on U.S. roadways.
The rule takes effect 30 days after publication in the Federal Register, and its full impact on the trucking industry remains to be seen. However, the DOT asserts it will eliminate a significant safety risk, ensuring that commercial drivers meet consistent standards regardless of their citizenship.
The new regulations represent a stricter approach to transportation safety, aiming to reduce accidents caused by inadequately vetted drivers. This measure underscores the growing emphasis on ensuring public safety in commercial transportation, particularly in an industry where even minor errors can have catastrophic consequences.
