Appeals court hears New York's challenge to FMCSA over non-domiciled CDLs

A three-judge panel of the U.S. Court of Appeals for the Second Circuit heard oral arguments on September 28 in New York's challenge to the U.S. Department of Transportation over commercial driver's licenses issued to non-domiciled drivers.

The case stems from DOT's April notice of final determination that New York was in substantial noncompliance with federal standards for non-domiciled CDLs and learner's permits. As a result, the federal government is withholding about $73 million in highway funding from the state. New York is asking the court to set that determination aside.

The central question is whether federal rules require a non-domiciled CDL to expire when the holder's legal work authorization ends. New York argues federal law does not say that. FMCSA's position is that licenses were issued with expiration dates running past the period the holders could show lawful presence. According to reporting from the courtroom, the judges pressed New York's lawyers on the state's arguments.

The court did not rule from the bench, and no decision date has been announced. Until the panel rules, the April determination and the funding action stand as they are.