FMCSA Audit Finds Widespread Illegal non-domiciled CDL Issuance in New York

The Federal Motor Carrier Safety Administration has uncovered widespread violations in New York’s handling of the non-domiciled CDL program following a nationwide federal audit. The findings reveal that more than half of the licenses reviewed were issued in violation of federal law, triggering enforcement action and the potential loss of federal funding.

According to the audit, the New York Department of Motor Vehicles demonstrated systemic failures in verifying lawful presence and properly administering non-domiciled CDL issuance.

non-domiciled CDL Audit Findings

FMCSA reviewed 200 non-domiciled CDL records issued by the New York DMV and found that 107 were issued unlawfully, representing a failure rate of over 53 percent. The audit identified several critical violations, including automatic license issuance practices that ignored federal requirements.

Investigators found that New York’s licensing system defaulted to issuing eight-year non-REAL ID commercial licenses to foreign drivers regardless of the expiration of their lawful presence in the United States. In multiple cases, licenses were issued without any documented verification of current legal status.

The audit also revealed that expired lawful presence documents were accepted during the issuance of a non-domiciled CDL, allowing unqualified drivers to obtain commercial driving privileges.

Federal Response to non-domiciled CDL Violations

The U.S. Department of Transportation has ordered New York to immediately revoke every illegally issued non-domiciled CDL and bring its program into compliance. Failure to act within the required timeframe could result in the withholding of approximately $73 million in federal highway funding.

Federal officials have directed the state to immediately halt the issuance, renewal, transfer, or upgrade of any non-domiciled CDL or commercial learner permit until corrective measures are implemented.

New York has also been ordered to conduct a full internal audit to identify all noncompliant licenses and revoke any unexpired non-domiciled CDL that does not meet federal standards.

Enforcement Timeline and Consequences

By regulation, New York has thirty days to respond to FMCSA’s enforcement action. If corrective steps are not taken promptly, federal authorities may withhold funding and pursue decertification of the state’s CDL program.

FMCSA officials stated that the failures identified represent a serious breakdown in oversight and pose a risk to public safety by

allowing unqualified drivers to operate commercial vehicles.

RED TAPE SUMMARY

The federal audit highlights how failures in administering a non-domiciled CDL program can escalate into major enforcement actions. Motor carriers and drivers alike should pay close attention as FMCSA increases oversight of state licensing practices nationwide.

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