Trucking group asks federal court to strip New York, California of CDL authority

Petition follows Virginia bus crash and mounting scrutiny of U.S. immigrant licensing policies

The Small Business in Transportation Coalition said the U.S. Department of Transportation has failed to enforce federal law after finding states out of compliance. (Photo: Jim Alen/Freightwaves)

The Small Business in Transportation Coalition (SBTC) has filed a court petition seeking to force federal regulators to decertify the commercial driver’s license programs of New York and California.

The petition, filed June 10, asks the court to review actions by the Federal Motor Carrier Safety Administration and the U.S. Department of Transportation and order the agencies to revoke the authority of New York and California to issue CDLs, escalating a dispute over immigration-related licensing policies and English-language proficiency requirements for commercial drivers.

SBTC argues that FMCSA has already determined both states were in “substantial noncompliance” with federal CDL regulations and therefore must be decertified under federal law. The organization contends that federal statutes require the transportation secretary to prohibit a state from issuing CDLs once such a determination is made.

The filing, made in the U.S. Court of Appeals for the District of Columbia Circuit, specifically challenges FMCSA’s April 16 final determination regarding New York and also seeks relief related to a Jan. 7 determination involving California. 

SBTC alleges the agency improperly failed to act on a petition it submitted in May 2025 requesting decertification orders against several states, including New York and California.

Virginia crash cited in petition

The lawsuit comes less than two weeks after a fatal bus crash on Interstate 95 in Virginia that killed five people and injured dozens more.

According to the court filing, SBTC points to the May 29 crash as evidence that stronger enforcement of federal licensing standards is needed. The organization alleges the bus driver involved held a New York-issued CDL despite concerns about English-language proficiency.

The crash involved a bus operated by E&P Travel Inc. Federal investigators are examining the company’s connections to a broader network of bus operators in the Northeast, according to CBS News. The driver, identified by CBS News as Jing S. Dong of Staten Island, New York, faces five felony involuntary manslaughter charges. 

Compliance findings at center of dispute

SBTC’s petition centers on FMCSA’s nationwide review of state CDL programs following changes to federal rules governing non-domiciled commercial driver’s licenses.

The coalition says FMCSA’s audits initially identified 24 states and the District of Columbia as being in substantial noncompliance with federal CDL requirements. According to the filing, New York and California ultimately received final notices of substantial noncompliance after federal reviews of their handling of non-domiciled CDL and permit applications.

The petition alleges New York’s noncompliance rate exceeded 55%, while California’s was about 25% during federal audits. SBTC argues those findings legally trigger mandatory decertification orders.

FMCSA previously warned multiple states that they could face funding consequences or additional enforcement actions if they failed to comply with federal CDL standards for non-domiciled drivers.

The lawsuit follows a separate high-profile challenge brought by Florida against California and Washington.

In May, the U.S. Supreme Court declined Florida’s request to file an original-action lawsuit alleging California and Washington violated federal law by issuing CDLs to undocumented immigrants. 

The case stemmed from a fatal crash on Florida’s Turnpike involving a truck driver who reportedly held a California-issued CDL and had previously been licensed in Washington.

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Noi Mahoney

Noi Mahoney is a Texas-based journalist who covers cross-border trade, logistics and supply chains for FreightWaves. He graduated from the University of Texas at Austin with a degree in English in 1998. Mahoney has more than 20 years experience as a journalist, working for newspapers in Maryland and Texas. Contact nmahoney@freightwaves.com