Compliance & FMCSA

Trucking Coalition Asks Court to Strip New York, California CDL Authority

SBTC filed June 10 petition seeking decertification orders after FMCSA found both states in substantial noncompliance with federal CDL rules.

Commercial driver's license card on desk with FMCSA compliance documents and state certification paperwork
Photo: Queensland State Archives · CC0 (Wikimedia Commons)

The Small Business in Transportation Coalition (SBTC) filed a court petition June 10 asking federal regulators to revoke New York and California's authority to issue commercial driver's licenses. The petition, filed in the U.S. Court of Appeals for the District of Columbia Circuit, argues that the Federal Motor Carrier Safety Administration (FMCSA) already determined both states were in substantial noncompliance with federal CDL regulations and must now be decertified under federal law.

What triggers mandatory CDL decertification under federal law?

Federal statutes require the transportation secretary to prohibit a state from issuing CDLs once FMCSA makes a final determination of substantial noncompliance. SBTC contends that FMCSA issued such determinations for both states but failed to follow through with decertification orders. The petition specifically challenges FMCSA's April 16 final determination regarding New York and a January 7 determination involving California.

The coalition alleges FMCSA improperly failed to act on a petition SBTC submitted in May 2025 requesting decertification orders against several states, including New York and California.

The Noncompliance Findings

SBTC's petition centers on FMCSA's nationwide review of state CDL programs following changes to federal rules governing non-domiciled commercial driver's licenses. Non-domiciled CDLs are licenses issued to drivers who do not maintain a permanent residence in the issuing state.

FMCSA's audits initially identified 24 states and the District of Columbia as being in substantial noncompliance with federal CDL requirements. New York and California ultimately received final notices of substantial noncompliance after federal reviews of their handling of non-domiciled CDL and permit applications.

According to the court filing, New York's noncompliance rate exceeded 55 percent during federal audits. California's noncompliance rate was about 25 percent. SBTC argues those findings legally trigger mandatory decertification orders under federal law.

English-Language Proficiency and the Virginia Bus Crash

The lawsuit comes less than two weeks after a fatal bus crash on Interstate 95 in Virginia that killed five people and injured dozens more. The May 29 crash involved a bus operated by E&P Travel Inc. The driver, identified by CBS News as Jing S. Dong of Staten Island, New York, faces five felony involuntary manslaughter charges.

SBTC points to the crash as evidence that stronger enforcement of federal licensing standards is needed. The organization alleges the bus driver involved held a New York-issued CDL despite concerns about English-language proficiency. Federal investigators are examining the company's connections to a broader network of bus operators in the Northeast, according to CBS News.

What FMCSA Previously Warned States

FMCSA previously warned multiple states that they could face funding consequences or additional enforcement actions if they failed to comply with federal CDL standards for non-domiciled drivers. The agency's warnings followed the September 2025 rule changes that tightened eligibility requirements for non-domiciled CDLs, particularly around acceptable immigration documents.

Several states responded to the federal audits by halting new non-domiciled CDL issuance or revoking existing licenses. Ohio revoked 1,200 non-domiciled CDLs and stopped issuing new licenses after its own compliance review.

The Florida Supreme Court Case

The SBTC lawsuit follows a separate high-profile challenge brought by Florida against California and Washington. In May, the U.S. Supreme Court declined Florida's request to file an original-action lawsuit alleging California and Washington violated federal law by issuing CDLs to undocumented immigrants.

The Florida case stemmed from a fatal crash on Florida's Turnpike involving a truck driver who reportedly held a California-issued CDL and had previously been licensed in Washington. The Supreme Court's decision not to hear the case left the underlying dispute unresolved at the federal level.

What Carriers Must Verify Now

Carriers hiring drivers with New York or California CDLs should verify the license type and issuance date. Non-domiciled CDLs issued by either state during the audit periods flagged by FMCSA carry higher scrutiny risk during roadside inspections and compliance reviews.

Fleets should confirm that drivers holding non-domiciled CDLs from any state meet current federal eligibility requirements, including acceptable immigration documentation under the September 2025 rule changes. Carriers can check CDL status through the Commercial Driver's License Information System (CDLIS), which tracks license issuance and violations across states.

If a court orders decertification of New York or California CDL programs, drivers holding licenses from those states would face immediate operating authority questions. The petition does not specify a timeline for court action, but carriers should monitor docket updates in the D.C. Circuit case.

Carriers operating in states that received FMCSA noncompliance notices should also verify whether their domicile state remains authorized to issue CDLs. FMCSA's initial audit identified 24 states and the District of Columbia as noncompliant. The agency has not published a current list of states that resolved their compliance issues versus those still under review.

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