The U.S. Court of Appeals for the D.C. Circuit on November 10 issued an administrative stay that halts the Federal Motor Carrier Safety Administration’s interim rule targeting non‑domiciled commercial driver licensing. The order pauses enforcement while judges weigh emergency stay motions, a step the court stressed is not a decision on the merits. One judge dissented.
At stake is a sweeping change FMCSA rolled out in late September that would have sharply narrowed who can obtain or renew a U.S. non‑domiciled CDL. Under that rule, eligibility effectively shrank to a handful of visa categories (H‑2A, H‑2B and E‑2), excluding many workers who previously qualified. Industry estimates place the number of current non‑domiciled CDL holders around 200,000.
Two petitions—one led by individual drivers and unions, another by King County, Washington—challenge the rule as procedurally and substantively unlawful. Those cases were consolidated, and the panel’s per curiam order temporarily preserves pre‑rule status quo while the court considers whether to extend the stay during the full review.
What changes for now: states may return to their prior eligibility standards for non‑domiciled CDLs and CLPs unless they opt to keep following the blocked rule voluntarily. Petitioners’ counsel said they expect FMCSA to notify state licensing agencies that the rule is not in effect. For fleets and drivers, that means applications and renewals can proceed under the old framework—at least until the next court action.
The stay also amplifies a political fight. The Owner‑Operator Independent Drivers Association praised the policy goals behind FMCSA’s crackdown and urged Congress to lock them in via the Non‑Domiciled CDL Integrity Act, a bill introduced by Rep. David Rouzer that would codify tighter limits. With litigation now clouding the regulation, proponents are pushing the legislative path as a backstop.
Why it matters to trucking: the on‑again, off‑again rules inject uncertainty into recruiting, retention and route coverage—especially for carriers and public agencies that rely on lawfully present non‑citizen drivers. Petitioners argue the rule would sideline many experienced operators in freight, transit, school bus and waste hauling, while FMCSA has framed the policy as a safety measure tied to verification hurdles for foreign driving histories. Until the court signals whether the stay will last through the appeal, fleets should prepare for both outcomes.
Near‑term checklist for carriers and state partners: confirm with your SDLA how it is handling applications post‑stay; audit driver files and renewal timelines so affected employees don’t lapse due to shifting procedures; and scenario‑plan headcount and training in case the rule snaps back into force. With the public comment window on FMCSA’s interim rule still open through November 28, carriers may also want to put operational data on the record to shape any final action.
Bottom line: the court’s pause averts immediate disruption to an estimated six‑figure share of the driving workforce, but it also extends a period of regulatory whiplash. Fleets should treat the next several weeks as a critical planning window, because the eventual ruling—on the stay and the merits—will determine whether the industry resumes business as usual or adapts to a far narrower gateway for non‑domiciled CDLs.
Sources: FreightWaves, Overdrive, Truck News, TruckSafe, CDLLife, Yahoo News
This article was prepared exclusively for TruckStopInsider.com. Republishing is permitted only with proper credit and a link back to the original source.
