DOT cuts funding to NY

The U.S. Department of Transportation has taken a strong stance against New York's issuance of non-domiciled commercial learner’s permits and CDLs, citing federal law violations. The action is part of a larger battle over CDLs issued to non-citizens and non-domiciled drivers.

In December, the DOT conducted an audit that found more than 50% of CDLs issued in New York to non-domiciled had been improperly issued. This led to a $73 million reduction in funding for the state's National Highway Performance Program and Surface Transportation Program Block Grant funds.

The FMCSA has sampled records and found 107 “were issued in violation of federal law.” Among these findings were that CDLs had been issued to foreign drivers without providing any evidence of their current lawful presence in the U.S. This lack of verification is a critical issue, as it can pose safety risks on the roads.

The FMCSA has made it clear that states must require proof of lawful presence and ensure the expiration date of CLPs or CDs does not exceed the stated expiration date on driver documents. New York's refusal to comply with these requirements has led to this funding reduction.

This decision has significant implications for the trucking industry, as it highlights the need for uniformity in CDL issuance policies across states. It also underscores the importance of verifying a driver's lawful presence before issuing a CDL.

The FMCSA administrator, Derek Barrs, stated that New York's arguments are without merit and that states must take corrective action to ensure compliance with federal law. The loss in funding will impact infrastructure projects and has far-reaching consequences for the industry.

The Trucking Association of New York has expressed concern over the decision, stating that it carries consequences beyond the trucking industry. However, some have questioned whether the reduction in funding is justified, given that New York's laws as written are not inherently flawed.

This case serves as a reminder of the importance of federal oversight and the need for states to ensure compliance with federal regulations. It also highlights the need for greater transparency and accountability in CDL issuance policies.

As the trucking industry continues to navigate these complex issues, it is essential that policymakers prioritize safety and uniformity in CDL issuance policies.