Spotlight on non-domiciled CDLs
- Brandon Wiseman
- Aug 20
- 6 min read
On August 14, 2025, the Federal Motor Carrier Safety Administration (FMCSA) launched a comprehensive investigation into a devastating Florida highway crash that resulted in three fatalities, linking the incident to possible breaches in Commercial Driver's License (CDL) issuance protocols and English language proficiency (ELP) standards. This inquiry not only exposes the perils of allowing unqualified drivers to handle heavy commercial motor vehicles (CMVs) but also intensifies the ongoing politicization of these underlying issues.
Secretary Duffy's initiative aligns with President Trump's recent trucking-centric policy initiatives, including executive orders specifically addressing topics like non-domiciled CDLs and ELP. In this article, we'll put the spotlight on non-domiciled CDLs, including how they came about, to whom they are issued, and existing guardrails that exist to cut down on fraud. We'll start the discussion with a detailed look at the recent Florida crash that pushed this issue to the forefront.
Details of the deadly Florida truck crash and the FMCSA's ensuing investigation
The Florida truck crash, labeled by Secretary Duffy as a "preventable tragedy," involved a driver from White Hawk Carriers, Inc., a California-based carrier. In a rare move, Duffy's USDOT publicly announced an investigation into that carrier, which FMCSA will carry out to determine, among other things, whether certain regulatory lapses enabled an allegedly unfit driver to navigate a 40-ton rig on American highways.
Secretary Duffy's statement pinpointed key infractions, including the driver's inadequate English proficiency—a core stipulation under 49 C.F.R. 391.11(b)(2), which requires CMV operators to read and speak English sufficiently to interpret road signs, answer official questions, and prepare required documentation. Despite this federal mandate which has been well publicized over the past several months, states such as Washington and New Mexico demonstrated enforcement shortcomings. Washington issued the driver a full-term CDL on July 15, 2023, despite the individual's asylum seeker status rendering him ineligible per federal guidelines barring such licenses for those without permanent legal residency.
Further complicating matters, California provided a limited-term, non-domiciled CDL on July 23, 2024, now under heavy scrutiny, as addressed more fully below. A July 3, 2025, roadside check by New Mexico State Police issued a speeding citation but overlooked ELP evaluation, even though enhanced enforcement of that rule took effect on June 25, 2025. Duffy criticized these failures sharply: “If states had followed the rules, this driver would never have been behind the wheel and three precious lives would still be with us. This crash was a preventable tragedy directly caused by reckless decisions and compounded by despicable failures.”
Initiated on August 14, 2025, the FMCSA's investigation of White Hawk Carriers will encompass a detailed review of its driver files, crash records, and other compliance documents, incorporating an ELP evaluation of the driver. Duffy has committed full Department of Transportation (DOT) resources to aid Florida's criminal case, stressing accountability. “We will use every tool at our disposal to hold these states and bad actors accountable. President Trump and I will restore safety to our roads. The families of the deceased deserve justice,” he noted.
Non-Domiciled CDLS: A Primer
Secretary Duffy's probe into the Florida incident isn't isolated; it links to persistent concerns about non-domiciled CDLs, a topic we first dissected in our April 28, 2025, article on President Trump's executive order targeting English proficiency for truck drivers.
To provide context, let's start with a primer on non-domiciled CDLs. Under federal law (49 CFR § 383.5), a non-domiciled Commercial Learner's Permit (CLP) or non-domiciled CDL is defined as a CLP or CDL issued by a state or jurisdiction under one of two primary conditions: first, to an individual domiciled in a foreign country that meets the stipulations of § 383.23(b)(1); second, to an individual domiciled in another U.S. state that aligns with § 383.23(b)(2). These licenses allow operation of CMVs without the driver being a resident of the issuing state, addressing scenarios where standard domicile-based issuance isn't feasible.
Non-domiciled CDLs are typically issued when a driver cannot obtain a license from their home state or country due to regulatory barriers. For instance, per 49 CFR § 383.23(b)(1), if a CMV operator is not domiciled in a foreign jurisdiction where the FMCSA Administrator has verified that testing and licensing standards match or exceed U.S. federal requirements (e.g. Canada or Mexico), they may secure a non-domiciled CLP or CDL from a compliant U.S. state, provided they satisfy the regulatory requirements to do so.
Eligibility for non-domiciled CDLs thus extends to specific groups: foreign nationals, such as those from countries without reciprocal licensing agreements, or U.S. residents from states temporarily barred from CDL issuance due to non-compliance with federal mandates (no such states exist at the moment).
For foreign-domiciled individuals, requirements to obtain a non-domicled CDL include presenting an unexpired employment authorization document (EAD) from USCIS or a foreign passport with an approved I-94 form, waiving proof of U.S. domicile. All applicants must undergo the same testing as standard CDL holders, including knowledge and skills exams, and notify the issuing state of any driving infractions.
States are supposed to issue non-domiciled CDLs under strict protocols detailed in 49 CFR § 383.73(f). The process mirrors standard CDL issuance but includes exceptions: the state must retrieve any existing non-domiciled CDL from another jurisdiction during transfers, prominently mark "non-domiciled" on the license face per § 383.153(c), and maintain the ability to disqualify the holder as if they were a local resident. Additionally, as of November 18, 2024, states must query the Drug and Alcohol Clearinghouse before issuance, denying or revoking the license if the applicant is barred from CMV operation under § 382.501(a). Further, non-domiciled CDL holders are not eligible for hazmat endorsements. These measures are intended to ensure accountability, but lapses—like those in the Florida case—highlight enforcement gaps.
Broader implications for non-domiciled CDLs in the trucking industry
Non-domiciled CDLs are intended to facilitate global trade but pose risks if misused. Federal laws like 49 CFR § 384.212 mandate that states require CDL transfers within 30 days of establishing domicile, preventing indefinite reliance on non-domiciled licenses. Yet, enforcement varies, leading to fraud hotspots. Recent FMCSA actions, including the 2025 audit, target patterns where states issue non-domiciled CDLs to ineligible applicants, such as those without proper legal presence documentation.
The Florida case underscores how asylum seekers or temporary workers might exploit loopholes, obtaining non-domiciled CDLs without full vetting. FMCSA's June 2025 crackdown aims to standardize issuance, potentially reducing accident rates tied to unqualified drivers. Industry data suggests non-domiciled holders are involved in a disproportionate share of violations, prompting calls for tighter controls.
In his June 27, 2025 announcement on this issue, Secretary Duffy noted:
“The open borders policies of the last administration allowed millions to flood our country – leading to serious allegations that the trucking licensing system is being exploited. Today, we are launching a nationwide audit to get to the bottom of this...Our audit is about protecting the safety of families on the road and upholding the integrity of CDLs held by America’s truckers. Every state must follow federal regulations, and ensure only qualified, properly documented drivers are getting behind the wheel of a truck.”
For their part, motor carriers must navigate these regulations carefully. Hiring drivers with non-domiciled CDLs requires verifying authenticity via FMCSA's CDLIS (Commercial Driver's License Information System) and ensuring ELP compliance. Non-compliance can lead to fines, out-of-service orders, and heightened liability in truck accidents. Secretary Duffy's announcement reverberates beyond the Florida crash, heralding stricter oversight of CDL fraud and ELP lapses, including more FMCSA audits and inspections for non-domiciled holders. Carriers dependent on such drivers face new scrutiny.
Inconsistent state practices, as seen in Washington, California, and New Mexico, may invite federal penalties like funding cuts or reforms. And only time will tell whether these new enforcement initiatives will take a toll on truck/driver capacity.
Recommendations for motor carriers amid rising scrutiny on non-domiciled CDLs
Perform Comprehensive Driver Qualification Audits: Scrutinize all CDLs, especially non-domiciled ones under 49 CFR § 383.73(f)
Roll Out English Proficiency Programs: Assess ELP during driver onboarding process and provide training to existing drivers who struggle
Track FMCSA Updates: Follow non-domiciled CDL audit developments and new disqualification rules.
Strengthen Safety Protocols: Embed ELP checks in hiring and embed non-domiciled verification in compliance systems.
Partner with Experts: Collaborate with groups like CVSA for insights on "non-domiciled CDL best practices" and federal compliance.
Implementing these safeguards can help shield against deadly truck crashes, CDL fraud, and violations.
Conclusion
Secretary Duffy's probe into the deadly Florida truck crash starkly illustrates the toll of weak enforcement in non-domiciled CDLs and English proficiency rules. As has always been the case, carriers should be on guard when it comes to matters of driver qualification. Failing to do so will inevitably lead to regulatory violations and potentially bad accidents.
About Trucksafe Consulting, LLC: Trucksafe Consulting is a full-service DOT regulatory compliance consulting and training service. We help carriers develop, implement, and improve their safety programs, through personalized services, industry-leading training, and a library of educational content. Trucksafe also hosts a livestream podcast on its various social media channels called Trucksafe LIVE! to discuss hot-button issues impacting highway transportation. Trucksafe is owned and operated by Brandon Wiseman and Jerad Childress, transportation attorneys who've assisted some of the nation’s leading fleets to develop and maintain cutting-edge safety programs. You can learn more about Trucksafe online at www.trucksafe.com and by following Trucksafe on LinkedIn, Facebook, Twitter, and YouTube. Or subscribe to Trucksafe's newsletter for the latest highway transportation news & analysis. Also, be sure to check out eRegs, the first app-based digital version of the federal safety regulations aimed at helping carriers and drivers better understand and comply with the regulations.