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9/29/06 U.S. Citizenship Checks for CDL Drivers
The U.S. Senate recently approved a comprehensive Port Security Bill that included an amendment that would require the Department of Transportation (DOT) to insure that all CDL applicants are U.S. citizens or are legally residing in the country. Currently only truckers who require hazardous materials endorsements to their CDL licenses are required to prove citizenship when applying for a license or hazmat endorsement.
The amendment was sponsored by U.S. Senators Jim Talent (R-Mo.) and Mark Pryor (D-Ark.). Besides requiring the Federal Motor Carrier Safety Administration (FMCSA) to verify the citizenship of CDL applicants the amendment would also:
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Require FMCSA to create a roadside inspection process to verify that a foreign trucker is legally operating in the U.S.
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Require FMCSA to put anti-fraud measures in effect to ensure that licensing officials (DMV and third party testers) are not allowing unqualified persons to obtain CDLs.
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Instruct the Department of Homeland Security (DHS) to provide federal, State and local law enforcement with guidance on the laws governing foreign trucks and drivers operating in the U.S.
The DOT has been aware of the security threat posed by non-citizens possessing CDLs for some time. In a memorandum dated June 4, 2004 the DOT Inspector General noted the glaring loophole in current regulations regarding citizenship and CDL licenses:
“Under DOT regulations, applicants for CDLs without a hazmat endorsement do not have to provide proof of citizenship or legal presence…Since nearly 70% of the 11 million CDLs issued since 1989 do not carry a hazardous materials endorsement, this presents a very large loophole. Given our current environment and the efforts to enhance security, we question why the legal presence measures are limited to just those CDL applicants seeking hazmat endorsements.”
The new legislation would apply the same citizenship or legal residency standards for all CDL licenses, not just for those with a hazmat endorsement. “This provision addresses some very serious threats to our national security….Everyday thousands of trucks travel our highways, but many of the drivers are not U.S. citizens and many have obtained their licenses fraudulently. We need to make sure that the people behind the wheel of trucks on our roadways are who they say they are and have gotten their commercial drivers licenses legally,” said cosponsor Senator Jim Talent.
One of the most important provisions of the Talent-Pryor amendment is the addition of foreign operator verification procedures during roadside inspections. Under current law foreign truckers are allowed to deliver foreign loads to a point within 20 miles of the border, pick up from a point in the U.S. to return a load to their country of origin, or carry a load through the U.S. to another country. They are prohibited from making point to point deliveries within the U.S. The new provision will give inspectors uniform guidelines and procedures to verify that foreign trucks operating on U.S. roads meet safety and operating authority requirements, and that the drivers of those trucks are in the country legally and are complying with FMCSA regulations.
“Clarifying immigration laws that apply to foreign truckers will go a long way to fix a national security and a U.S. business threat…Foreign drivers who violate our immigration and customs laws could present a national security threat, as well as an economic concern for U.S. truckers. Laying out clear guidelines so local law enforcement can better enforce the laws on the books is a sound step toward enhancing our overall security.” said Senator Pryor.
Also included in the amendment is a requirement for the DOT to step up efforts against CDL fraud. A February 2006 DOT Inspector General’s report found widespread fraud in the issuance of CDL licenses. “These investigations…revealed that thousands of CDLs were issued to drivers who obtained them through corrupt State or State-approved testing processes, that is ‘third-party examiners.’”
The legislation has widespread support in the trucking industry. The Owner Operator Independent Drivers Association (OOIDA), the American Trucking Association (ATA), the Commercial Vehicle Safety Alliance (CVSA), and the American Association of Motor Vehicle Administrators (AAMVA) have all expressed their support of the Talent-Pryor amendment.
The entire Port Security Bill including the Talent-Pryor amendment, now moves to a joint House-Senate reconciliation committee where the House and Senate versions of the bill will be combined into a single bill which then goes to a vote in each chamber.
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