FMCSA, New York ready to rumble over non-domiciled CDL rules
New York and FMCSA will head to court in late September to fight over CDL rules and federal funding. The post FMCSA, New York ready to rumble over non-domiciled CDL rules appeared first on FreightWaves .
The Federal Motor Carrier Safety Administration (FMCSA) and the state of New York are set to face off in a legal battle over the state's issuance of non-domiciled Commercial Driver's Licenses (CDLs) and Commercial Learning Permits (CLPs). The dispute centers around the federal cutoff of funds to New York due to a conflict over the state's practice of issuing CDLs and CLPs that exceed the period of validity of the drivers' lawful presence documents.
New York argues that the Federal Motor Carrier Safety Administration (FMCSA) is enforcing a rule that does not exist, claiming the action is a form of "political payback." According to New York's brief, FMCSA has cited no regulatory text requiring the state to match license expiration dates with the lawful presence documentation provided with drivers' CDL applications.
The state maintains that FMCSA's interpretation of the law is flawed, as no provision in the regulations or other governing documents supports this requirement.
In contrast, FMCSA's brief emphasizes the issue of non-domiciled CDL holders staying in the U.S. Lawfully, stating that more than half of the sampled licenses had expiration dates longer than the period the license-holders were legally permitted to remain in the country. The agency claims that New York refused cooperation in resolving the issue, even after being given explicit steps to achieve compliance.
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