FMCSA Warns of Massive CDL Shakeup — Trucking Companies Now at Risk for Hiring Unqualified Drivers

A major shift is coming to the trucking industry — and it could reshape how liability is assigned after a crash.

The Federal Motor Carrier Safety Administration (FMCSA) has issued an emergency rule targeting non-domiciled commercial driver’s licenses (CDLs). These are licenses issued to drivers who are not permanent residents or citizens of the United States. For years, carriers and brokers have relied on these drivers to fill gaps in capacity.

Now, federal regulators are signaling something serious:

Many of these licenses may not be valid — and companies using these drivers are officially on notice.

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“Use These Drivers — and You’re Accepting the Risk”

Transportation attorney Greg Reed of Hanson Bridgett LLP issued a legal alert warning trucking and logistics companies to immediately audit all drivers and evaluate whether any are using non-domiciled CDLs.

Why? Because if even one crash involves an improperly licensed driver, the carrier — and any broker attached to that load — could be accused of:

• Negligent hiring

• Negligent retention

• Failure to verify qualifications

• Willful disregard of regulatory warnings

And this isn’t speculation. The language used by FMCSA officials suggests that the legitimacy of these licenses is in doubt across the board.

Meaning: If a carrier “should have known” a CDL wasn’t valid, they may be held responsible — even if the driver wasn’t at fault for causing the crash.

What This Means for Trucking Companies

Reed recommends immediate action:

• Audit all company and contract drivers to determine who holds a non-domiciled CDL

• Ask legal counsel to evaluate whether those licenses are likely to be revoked

• Phase out drivers with uncertain licensing status

• Update contracts to make clear that drivers must be lawfully licensed

In other words — trucking companies are being told: Fix this now, before something happens.

Because when it does, plaintiffs’ attorneys will be ready.

Roughly 194,000 Drivers May Be Forced Out — Fast

FMCSA estimates that 194,000 out of 200,000 non-domiciled CDL holders may lose their eligibility over the next two years. That’s 5% of the entire U.S. commercial driving population.

But Reed believes the fallout will be faster and harsher.

Carriers won’t wait for official revocations. They will start distancing themselves from high-risk drivers immediately — not necessarily for safety, but to limit legal exposure.

What This Means for Accident Victims

If you or a loved one was hit by a commercial truck — and the driver held a non-domiciled CDL — your case may be much stronger than you realize.

Here’s why:

• If the driver’s license was invalid or improperly vetted, that alone can establish company negligence.

• Even if the crash was caused by another factor — brake failure, fatigue, weather — the carrier can still be held responsible for placing an unqualified driver behind the wheel.

• Brokers who assigned loads to these drivers may also be held liable for negligent referral.

This opens the door for larger settlements and broader accountability.

KBD Attorneys Investigates CDL History in Every Truck Crash Case

At Ketterer, Browne & Davani, LLC, we represent victims of serious trucking accidents nationwide. As former defense counsel and trial lawyers, we know how the industry operates — and we know what they try to hide.

When we investigate a crash, we don’t stop at police reports. We dig deeper:

• Was the driver properly licensed?

• Was the company aware of regulatory warnings?

• Did they keep that driver on the road to protect profits?

If the answer is yes, we pursue full accountability — in court if necessary.

If You Were Hit by a Commercial Truck — Act Now

Your attorney should immediately investigate whether:

• The driver held a non-domiciled CDL

• The license is subject to revocation under the new FMCSA rule

• The carrier or broker ignored red flags

If they did — that’s negligence, plain and simple.

KBD Attorneys is currently accepting trucking cases involving questionable CDL qualifications.

If you or your family has been affected by a commercial vehicle crash, contact us today.

We will determine whether licensing failures played a role — and if so, we will hold every responsible party accountable.