Cogo Insurance sent its comment to the FMCSA and the U.S. DOT regarding the new rule on non-domiciled CDL drivers “Interim Final Ruling: Restoring Integrity to the Issuance of Non-Domiciled Drivers Licenses (CDL)“. We have already addressed this issue in one of our earlier articles The Foreign Driver Scapegoat: How DOT Targets International Truckers Despite Record Safety Improvements. We are for legal, fair, honest and transparent rule-making, not politicized rules that vilify all foreign-born truckers.
The Safety Pretext is Statistically Dishonest
FMCSA claims this emergency rule is justified by five fatal crashes in 2025 involving non-domiciled CDL holders. This represents 0.25% of the 1,984 total fatal truck crashes nationwide. <https://ai.fmcsa.dot.gov/CrashStatistics?tab=Summary&type=&report_id=1&crash_type_id=1&datasource_id=1&time_period_id=2&report_date=0&vehicle_type=2&state=NAT&domicile=US&measure_id=1&operation_id=null>
Let’s be clear about what this means: 99.75% of fatal truck crashes involved domiciled (citizen/resident) drivers. If FMCSA genuinely cared about road safety based on crash statistics, they would be restricting citizen drivers, not the tiny fraction of non-domiciled drivers who cause fewer accidents per capita.
The Real Numbers Expose the Hypocrisy
FMCSA admits that approximately 194,000 non-domiciled CDL holders will lose their licenses under this rule. Five crashes out of 194,000 drivers equals a rate of 0.0026%. This is statistically insignificant and likely lower than the crash rate for citizen drivers.
FMCSA has provided no comparative analysis because they know it would expose that non-domiciled drivers are actually safer than their citizen counterparts. These drivers:
* Undergo the same rigorous testing as all CDL applicants
* Have more at stake (deportation risk) if they violate traffic laws
* Often have extensive driving experience from their home countries
* Are typically more cautious due to their vulnerable legal status
Administrative Failures Are Not Safety Issues
The cited audit finding that “25 percent of non-domiciled CDLs were issued improperly” represents bureaucratic incompetence, not driver incompetence. States failed to verify documentation properly – this says nothing about driver safety or ability.
The solution to administrative failures is to fix the administration, not to eliminate employment opportunities for people who followed the rules correctly.
Economic Sabotage During a Crisis
FMCSA is eliminating 194,000 qualified drivers during a severe shortage crisis where:
* The trucking industry faces a shortage of 78,000+ drivers
* Projections show this could reach 160,000 by 2030
* Less federal excise tax means less revenue for the Federal government
* Financial institutions will all suffer from drivers walking away from equipment finances and leases
* Supply chains are already strained
* Transportation costs are rising for all consumers
This is economic sabotage disguised as safety policy.
The 2019 Guidance Was Sound Policy
The rescinded 2019 guidance stated:
“A foreign driver holding an employment authorization document or an unexpired foreign passport accompanied by an approved Customs and Border Protection (CBP) I-94 Arrival/Departure Record may obtain a non-domiciled CDL.”
This policy worked. It required proper legal documentation, maintained safety through testing, and recognized that people authorized to work in America should be allowed to work. FMCSA has provided no evidence this policy caused safety problems – because it didn’t.
Reasonable Restrictions Already Exist
If FMCSA has legitimate security concerns, non-domiciled drivers can be prohibited from obtaining:
* Hazardous materials (HAZMAT) endorsements
* School bus endorsements
* Other specialized endorsements requiring enhanced background checks
These targeted restrictions address any genuine security concerns while preserving basic employment opportunities for people who have passed all required tests and hold valid work authorization.
This Rule Violates Basic Fairness
Foreign nationals who:
* Are legally authorized to work in the United States
* Have graduated from accredited CDL schools
* Have passed all knowledge and skills tests
* Have clean driving records
…are being denied employment based on five crashes out of nearly 200,000 drivers. This is not safety policy – it’s discrimination based on national origin, wrapped in fraudulent safety rhetoric.
The Real Agenda
FMCSA is not acting on safety data – they are responding to political pressure to reduce employment opportunities for foreign nationals, regardless of their legal status or qualifications. Using fabricated safety concerns to justify economic discrimination is dishonest governance.
If five crashes out of 194,000 drivers justifies eliminating an entire employment category, then the thousands of crashes caused by citizen drivers should justify eliminating all CDLs entirely. The statistical absurdity of this position exposes the real agenda behind this rule.
Conclusion
This rule should be immediately withdrawn.
FMCSA’s use of safety as a pretext for eliminating employment opportunities for people who are legally authorized to work and have demonstrated driving competency is both dishonest and harmful to the American economy.
The agency should return to the sound 2019 policy that balanced legitimate administrative concerns with economic reality and basic fairness.