Pennsylvania’s CDL Program Under Fire: What FMCSA’s Non-Compliance Finding Means for States, Carriers, and Drivers

The Federal Motor Carrier Safety Administration (FMCSA) has issued a preliminary determination of non-compliance against Pennsylvania’s CDL program, citing major issues in how the state issues non-domiciled Commercial Learner’s Permits (CLPs) and CDLs. The findings, released on November 19, 2025, reveal procedural and documentation failures that could impact thousands of commercial drivers.

Key Issues Identified

FMCSA’s audit sampled 150 driver records and found several areas where Pennsylvania failed to meet federal requirements:

CDLs issued past lawful presence expiration: Some drivers received non-domiciled CDLs with expiration dates that went beyond their immigration or employment authorization documents.
Missing documentation: In multiple cases, PennDOT could not show proof that required lawful-presence documents—such as an unexpired EAD or a passport with I-94—were reviewed.
System gaps: Pennsylvania’s licensing system does not record the type of immigration document used, making verification impossible after issuance.
Incorrect license type: Some lawful permanent residents were mistakenly issued non-domiciled CDLs.
Widespread exposure: Over 12,400 non-domiciled CLPs/CDLs are currently active in the state.

Required State Action

FMCSA has directed Pennsylvania to take immediate corrective steps, including:

Halting the issuance, renewal, or transfer of all non-domiciled CLPs/CDLs.
Identifying all improperly issued credentials.
Conducting a full internal audit of procedures, systems, and documentation.
Voiding and reissuing any non-compliant licenses.
Reporting corrective actions to FMCSA within 30 days.

What’s at Stake

If Pennsylvania does not fully correct the issues, FMCSA may withhold up to 4% of certain federal highway funds in the first year, increasing to 8% if non-compliance continues. In severe cases, FMCSA can even decertify the state’s CDL program.

Why This Matters

For carriers and drivers, the findings raise concerns about license validity, verification processes, and potential disruptions if non-compliant credentials are voided. For other states, this serves as a warning that FMCSA is increasing oversight of non-domiciled CDL issuance.

As compliance expectations rise, accurate documentation and verification processes—both at the state and employer level—are becoming more critical than ever.