Summary
On September 26, 2025, the Federal Motor Carrier Safety Administration (FMCSA) published an emergency interim final rule that significantly narrows the eligibility for non-domiciled Commercial Driver's Licenses (CDLs) and Commercial Learner's Permits (CLPs), imposes strict documentation and verification requirements (including mandatory SAVE verifications and in-person renewals), and ties license validity to immigration status or shorter renewal cycles. The rule becomes effective immediately without a notice-and-comment period and may force many current non-domiciled licensees out of the system at renewal.
Key Takeaways for Carriers
- Carriers relying on non-domiciled CDL drivers face high exposure at renewal or state requalification
- Licenses may be nonrenewable if the driver's status does not align with the permitted visa categories
- Drivers whose licenses are revoked or are not renewed must be immediately reassigned or removed, potentially causing operational disruption
- Carriers may face compliance risk, scrutiny, and liability if they continue to operate with drivers whose credentials are later invalidated
Recommended Actions (Next 30–90 Days)
- Inventory all drivers with non-domiciled CDLs, capturing issuing state, renewal dates, visa/authorization status, and licensing history
- Engage each state's Department of Motor Vehicles or other driver's licensing authority to assess how the rule is being implemented and whether non-domiciled issuance is paused or being tightened
- Prioritize verification and documentation in driver qualification files, including SAVE checks, visa/immigration records, and licensing issuance history
- Revise hiring policies to avoid onboarding high-risk non-domiciled licensees unless they clearly meet the new criteria
- Train recruiting, compliance, safety, and HR teams on new red flags, escalations, and license validation protocols
- Develop contingency plans to replace or reassign drivers whose credentials may not survive renewal
- Communicate proactively to insurers and clients about your exposure and steps being taken
- Monitor FMCSA's implementation, litigation or stays, and state-by-state adoption to adjust plans dynamically
Conclusion
This emergency rule represents one of the most forceful regulatory shifts in U.S. trucking licensing in recent years. Although it is directed at licensing states, its ripple effects will heavily impact carriers and driver operations. Carriers that do not act quickly to audit, validate, and fortify driver qualification processes risk significant operational, compliance, and liability disruption in the months ahead. For assistance with your transportation compliance needs, please reach out to Venable's Autonomous and Connected Mobility team.