US Federal Motor Carrier ruling on Commercial Driver’s Licenses could affect COFA citizens
The Federal Motor Carrier Safety Administration has announced that “Only those in lawful immigration status (who provide “evidence of lawful immigration status” as defined in 49 CFR § 383.5) in the United States in one of the following employment-based nonimmigrant statuses will be permitted to obtain a non-domiciled Commercial Learner's Permit or a Commercial Driver’s License.
The permitted categories are Temporary Agricultural Workers, H–2B (Temporary Non-Agricultural Workers, or E–2 (Treaty Investors).
Workers with their commercial vehicles work on road construction in Mangilao. Photo from Journal files
No other immigration statuses will be eligible for a non-domiciled CLP or CDL, the administration said.
The status of citizens from the Freely Associated States of Palau, the Federated States of Micronesia and the Marshall Islands is specifically addressed.
Absent an exemption or waiver, COFA citizens, like all individuals domiciled in a foreign jurisdiction, must meet the requirements of 49 CFR Parts 383 and 384 in effect at the time of the CLP or CDL issuance, transfer, renewal, or upgrade.
For non-domiciled CLPs and CDLs issued prior to the March 16 effective date of the February 13 Final Rule with an expiration date that exceeds the expiration of the driver’s lawful presence at the time of the issuance, the Administration said, “ FMCSA strongly encourages States to take immediate action to revoke all unexpired non-domiciled CLPs and CDLs that were not issued in compliance with 49 CFR Parts 383 and 384 in effect at the time the transaction occurred.”
Permanent residents, also known as green card holders are able to apply for a commercial driver’s license, according to the FMCSA. Civic Beat in Hawaii first reported on the situation. How many COFA citizens currently hold commercial driver’s licenses is not known. The licenses are given for vehicles such as tankers and buses. mbj
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