US EditionProcedural Technicalities, Appeals Court Stymie CDL Rule Change
The court's stay halts enforcement of a rule that would have removed 194,000 non-domiciled commercial drivers due to safety and legal concerns, pending ongoing litigation.
- The U.S. Court of Appeals for the D.C. Circuit temporarily halted an FMCSA emergency interim final rule on Monday, Nov. 10, which FMCSA estimated would remove about 194,000 non-domiciled CDL holders.
- Audits and a string of fatal crashes prompted the Department of Transportation, with Duffy calling it `national emergency`, to announce the interim rule on September 26, affecting 194,000 non-domiciled CDL holders.
- The rule changed eligibility by no longer accepting Employee Authorization Documents, and plaintiffs including the Public Citizen Litigation Group, the American Federation of Teachers, and AFSCME sued on Oct. 20 and filed an emergency motion to stay on Oct. 24.
- Enforcement is on hold while the court reviews the motions, the stay does not decide the merits, and FMCSA continues accepting comments through Nov. 28 with nearly 4,900 submitted as of Nov. 11.
- Representative David Rouzer has introduced legislation, the Non-Domiciled CDL Integrity Act, which supporters including the Owner-Operator Independent Drivers Association say would lock in safety reforms and protect them from court challenges.
22 Articles
22 Articles
Federal CDL change leaves Maine’s immigrant drivers — and employers
New restrictions have led to a scramble at Greater Portland Metro, which halted a training program coordinated by Portland Adult Education and said more than 10% of its drivers are at risk of losing their commercial licenses.
Watauga Democrat
Procedural technicalities, appeals court stymie CDL rule change
(The Center Square) – As a North Carolina congressman’s bill awaits committee action, a federal appeals court in the District of Columbia on Monday temporarily halted a rule change for non-domiciled commercial learner’s permits and commercial driver’s licenses.
D.C. Circuit hits pause on non-domiciled CDL rule
An emergency interim final rule to clean up the non-domiciled CDL system has been paused by the U.S. Court of Appeals for the D.C. Circuit. On Monday, Nov. 10, the court ordered that the rule, which was expected to remove about 194,000 current non-domiciled CDL holders out of the trucking industry, be “administratively stayed” pending further order of the court. “The purpose of this administrative stay is to give the court sufficient opportunity…
Court pauses USDOT rule on non-domiciled CDL holders
WASHINGTON — The U.S. Court of Appeals for the District of Columbia Circuit has revealed its decision on a lawsuit seeking to block USDOT’s emergency final rulemaking that sought to take away CDLs from non-domiciled holders. According to court documents, the court said “that the Federal Motor Carrier Safety Administration’s interim final rule” be “administratively stayed pending further order of the court.” The pause will “give the court suffici…
Court orders halt on FMCSA’s emergency rule cracking down on non-domiciled CDLs
A court has put the brakes on a Federal Motor Carrier Safety Administration (FMCSA) emergency rule that restricts the issuance of non-domiciled commercial driver’s licenses (CDLs). Court Temporarily Shuts Down FMCSA’s Emergency Rule On Non-Domiciled CDLs On Monday, November 10, the U.S. Court of Appeals for the District of Columbia ordered an administrative stay on an FMCSA emergency interim final rule (IFR) issued in late September that limits …
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