With New York's audit results, the DOT threatens harsh consequences.
On Friday, December 12, the US Transportation Secretary Sean Duffy announced the FMCSA's findings in the state of New York. Following an audit of non-domiciled commercial driver's licenses, the department found several compliance issues with how the state issued CDLs.
Per federal regulations, CDLs are not meant to last after a foreign driver is legally allowed to remain in the US. However, New York was found to have issued CDLs that expire after eight years, an oversight New York DMV officials confirmed was part of their licensing system.
As a result, the Department of Transportation ordered the state to immediately revoke any licenses found to be issued illegally and to return to compliance. With a deadline set for 30 days, consequences could result in losing federal funds and potentially a total decertification of New York's CDL program.
No state has had their entire CDL program decertified and an order to decertify a state's CDL program is considered an extreme action. However, the FMCSA does have the authority to do so.
According to 49 CFR 384.405
"The Administrator shall prohibit a State found to be in substantial noncompliance from performing any of the following CLP or CDL transactions:
- (1) Initial issuance.
- (2) Renewal.
- (3) Transfer.
- (4) Upgrade."
How would state decertification work?
If a state's CDL program becomes fully decertified, any current CDL would still be valid until its expiration. After expiration, a CDL holder would be unable to renew, transfer, or upgrade that license.
To receive a new and active CDL, a driver would need to go to a compliant state and apply for a non-domiciled CDL. Obtaining a new license could prove difficult if the DOT's emergency restrictions on non-domiciled CDLs are fully implemented. However, those restrictions have been paused since November 10th pending legal review.
What happens next?
Currently, the actions of the DOT and the different states found in noncompliance are still unfolding. California, one of the states found to be noncompliant back in August, has had $40 million in federal funds withheld as a result of DOT enforcement. These have been the harshest enforcement actions so far, and following actions against the state can help give an idea of how other states may be affected in the future.
Decertifying a state's CDL program would be a drastic action that would affect logistics throughout the nation. Whether the DOT decides to go through with such an action or states comply with the DOT's order is still up in the air. However, you can follow Sky Transport Solutions for updates.