WASHINGTON — The Federal Motor Carrier Safety Administration’s interim final rule (IFR) heavily restricting non-domiciled commercial driver’s licenses has been put on temporary hold.
In response to a lawsuit filed on behalf of truck driver Jorge Rivera Lujan, a long-time CDL holder, the U.S. Court of Appeals for the District of Columbia ordered that FMCSA’s rule be stayed pending a further order by the court.
“The purpose of this administrative stay is to give the court sufficient opportunity to consider the emergency motions for stay pending review and should not be construed in any way as a ruling on the merits of those motions,” according to the court’s order published on Monday.
With a stay in place, state driver’s licensing agencies presumably can resume issuing and renewing non-domiciled CDLS until the court decides whether to reject the lawsuit or issue a permanent stay, which could take weeks.
According to the October 20 lawsuit challenging FMCSA’s new rule, filed on Lujan’s behalf by Public Citizen Litigation Group, American Federation of Teachers, and American Federation of State, County and Municipal Employees, Lujan reportedly lived in the U.S. since age two and has held a commercial driver’s license for over a decade. His lawsuit claims he was unable to renew his CDL on September 30 due to the IFR.
Lujan is now at risk of losing his trucking business, according to the complaint, as well as his ability to provide for his family – despite having complied with all legal and licensing requirements prior to the rule change.
In addition to the main lawsuit, the plaintiffs filed an emergency motion on October 24, asking the court to temporarily block enforcement of the rule while the case is under review.
The rule went into immediate effect when it was announced on September 29 but it is still open for public comment through November 28. More than 4,800 comments have been submitted, many from drivers concerned about the loss of their ability to work.
Owner-operator and large trucking company representatives have supported FMCSA’s action limiting non-domiciled CDLs, asserting that the rule is needed to improve safety.
“For too long, loopholes in this program have allowed unqualified drivers onto our highways, putting professional truckers and the motoring public at risk,” said Owner-Operator Independent Drivers Association President Todd Spencer, in commenting on the court order.
“While the policy itself is sound, it is now tied up in court over procedural technicalities in how the rule was issued, not its substance. Passing [legislation codifying FMCSA’s non-domiciled CDL policy] and getting it signed into law will protect these critical safety reforms from being undone by future court decisions or a new administration.”
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