Attorney General Charity Clark has joined a coalition of states opposing an interim final rule from the U.S. Department of Transportation (DOT) that would significantly limit commercial driver’s license eligibility for non-U.S. citizens. The DOT reports there are about 3.8 million commercial driver’s license holders in the country, with roughly 200,000 holding non-domiciled licenses. These licenses are issued to individuals lawfully present in the United States who have met all required training and testing standards.
The new DOT rule would restrict renewals for these drivers, many of whom have held their licenses for years or decades. The department asserts that the changes are needed for public safety but acknowledges it does not have evidence showing additional safety benefits.
In a letter sent to the DOT, Attorney General Clark and other state attorneys general argue that this rule exceeds statutory authority and is arbitrary and capricious. They point out that “Few — if any — of the people holding non-domiciled commercial driver’s licenses in Vermont will qualify to renew their licenses under DOT’s interim final rule. Drivers face losing their licenses and their livelihoods.” They also note that “For many, this disruption will come without time for them, their families, or their employers to prepare, due to DOT’s violation of the advance consultation and notice-and-comment requirements that Congress mandated to prevent exactly this sort of rule by agency fiat.”
The coalition argues that states, local governments, and businesses will experience economic harm as they may not be able to quickly replace lost drivers. This could lead to shortages among freight truck drivers as well as school bus and private transportation drivers.
Attorney General Clark joins attorneys general from Arizona, California, Colorado, Delaware, the District of Columbia, Hawaii, Illinois, Maine, Maryland, Massachusetts, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, Rhode Island, and Washington in filing this letter.
A copy of the comment letter is available on the Vermont Attorney General’s website.
