On Friday, September 26, 2025, the United States Department of Transportation (“DOT”), through the Federal Motor Carrier Safety Administration (“FMCSA”), announced an emergency interim final rule titled “Restoring Integrity to the Issuance of Non-Domiciled Commercial Driver’s Licenses” aimed at increased federal oversight of states’ issuance of non-domiciled commercial learner’s permits (“CLPs”) and commercial driver's licenses (“CDLs”). This new rule amends Parts 383 and 384 of Title 49 of the Code of Federal Regulations (“CFR”) to significantly limit the eligibility criteria for individuals seeking CLPS and CDLS who are not domiciled in the United States. This emergency rule was published on Monday, September 29, with the regulations taking immediate effect. However, this interim rule is open for public participation and comments until November 28, 2025.
Statutory Background and New Requirements
Part 383 of Title 49 establishes federal standards for the issuance, testing, and disqualification of CDLs. Part 384 outlines state-level compliance requirements, establishes procedures or compliance determinations, and specifies consequences for state non-compliance.
Under the emergency interim rule, only individuals in select employment-based nonimmigrant categories —specifically H-2A (agricultural workers), H-2B (non-agricultural workers), and E-2 (treaty investors) —as well as those domiciled in certain U.S. territories or states with decertified CDL programs, remain...
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