The Texas Department of Public Safety (DPS) is stepping up after an emergency rule change from the Federal Motor Carrier Safety Administration (FMCSA) to halt CDL and CLP issuance for DACA recipients, refugees, and asylees.
The move comes following an emergency action by U.S. Transportation Secretary Sean P. Duffy who says it is necessary to drastically restrict who is eligible for a non-domiciled commercial learner’s permits (CLPs) and commercial driver’s licenses (CDLs).
The emergency rule change is in response to an ongoing nationwide audit by the FMCSA and a recent series of horrific, fatal crashes caused by non-domiciled drivers.
The FMCSA said going forward, non-citizens will only be eligible by meeting stricter standards.
Early in September, Gov. Greg Abbott directed DPS to enforce English language proficiency checks for truck drivers, framing the move as a safety issue, saying “Every commercial driver license operator on Texas roadways must be able to communicate clearly in English to ensure compliance with traffic laws, follow safety directions, and prevent accidents.”
On Sept. 29, Abbott ordered DPS to stop issuing CDLs and CLPs to noncitizens, legal or otherwise, from securing these credentials, including applications already in the system.
According to state data, Texas issued 220,430 CDLs last year, with about 6,265 of those (about 3 percent) classified as non-domiciled. Statistics from the American Immigration Council indicate that refugees make up 1.2 percent of the state’s truck drivers, while DACA-eligible drivers account for 1.1 percent.
Meanwhile, some Texas drivers, companies and related associations are weighing in on changes in the trucking industry.
The Texas Trucking Association (TXTA), which represents numerous trucking companies, supports the new licensing and enforcement rules. The association stated `the restrictions would help eliminate fraud, remove unqualified drivers, and improve highway safety. John Esparza, the President and CEO of TXTA, emphasized that clear English communication is critical for understanding road signs, safety instructions, and interacting with law enforcement.
Associations across the country echo many of the same views, with the Owner- Operator Drivers Association noting that loopholes have allowed unqualified drivers onto American highways. The American Trucking Associations raised concerns about fraudulent entries exploiting weak oversight to fast-track drivers with minimal training, and the Western States Trucking Association, from an economic standpoint, see the move addressing an industry overcapacity problem, arguing that the influx of foreign drivers, enabled by lax licensing, undercuts the need for domestic drivers.
A significant factor in the emergency rule changes are some states are not cracking down on the drivers failing English requirements. Thus far, nearly 10,000 violations have been issued, leading to 3,020 out-of-service orders (OOS).
An OOS is a temporary restriction placed on a commercial motor vehicle (CMV) driver or vehicle by a law enforcement officer when a critical safety violation is found during a roadside inspection, making them temporarily unable to operate until the issue is corrected. Violating an OOS order can lead to significant civil and criminal penalties for both the driver and motor carrier.
Duffy stated warned in a statement on social media that not only drivers and carriers must comply, but also states, saying, “You must be able to speak English and understand road signs to operate a truck. Follow the rules established by USDOT in your state or there will be serious consequences.”
The FMCSA reported there were 9,873 violations for drivers who “cannot read and speak the English language sufficiently to converse with the general public, to understand highway traffic signs and signals in the English language, to respond to official inquiries, and to make entries on reports and record.”