Court Decision on DOT Regulations for Immigrant Truck Drivers
A federal appeals court in Washington, D.C., made a ruling on Thursday that restrictions imposed by the Department of Transportation (DOT) concerning immigrants’ eligibility for commercial driver’s licenses cannot be enforced.
The regulations were introduced in September following a tragic incident where an undocumented immigrant truck driver was charged with causing a fatal crash in Fort Pierce, Florida, which resulted in the deaths of three individuals.
Harjinder Singh, a driver from India, is accused of entering the U.S. unlawfully from Mexico in 2018. He has pleaded not guilty to charges of vehicular homicide and manslaughter, stemming from an accident that occurred when he allegedly jackknifed his truck and collided with a trailer during an illegal U-turn.
The court concluded that the federal government failed to adhere to appropriate procedures while developing these regulations, and it did not adequately demonstrate how the new rules would enhance safety.
Interestingly, justices highlighted that immigrants possess about 5% of all commercial driver’s licenses but account for only roughly 0.2% of fatal accidents, based on data from the Federal Motor Carrier Safety Administration.
Singh, previously licensed in California, reportedly failed the commercial driver’s license (CDL) knowledge test in Washington state ten times within a two-month span, along with multiple failures in the air brake knowledge test and English proficiency assessment.
An audit of California’s licensing records indicated that many immigrants maintained valid licenses even after their work permits had expired, leading to the revocation of approximately 17,000 licenses.
The DOT’s new regulations would have permitted immigrants with three specific visa types to obtain commercial permits that would last for one year, requiring them to verify their immigration status through a federal database. This rule would have led to about 10,000 out of 200,000 current immigrant commercial license holders being disqualified. However, since the rule can’t be enforced, these drivers can retain their licenses until expiration.
The Owner-Operator Independent Drivers Association (OOIDA), representing over 150,000 independent truck operators, expressed gratitude to the government for attempting to “reinstate common-sense safety standards.”
OOIDA’s President, Todd Spencer, appreciated the administration’s focus on maintaining safety standards amid claims of a truck driver shortage. He emphasized that continuing to issue visas for commercial drivers would ensure only qualified individuals receive licenses, maintaining that excess capacity in the trucking industry means no adverse effects on the supply chain are expected.
Spencer pointed out issues related to regulatory compliance among an increasing number of CDL holders without a permanent address, indicating that many drivers struggle to meet safety requirements. He mentioned ongoing efforts to collaborate with the administration and Congress to establish better licensing and training standards to prevent unsafe drivers from operating commercial vehicles.
Transportation Secretary Sean Duffy previously announced withholding $40 million in funding from California due to its refusal to enforce English language requirements for truck drivers. Restoring funding would necessitate that state inspectors conduct roadside English tests for drivers and ensure those who fail are weeded out.
