Non-Domiciled CDLs After Court Stay: What Drivers Must Know
For the first time in months, many drivers expressed relief when the D.C. Circuit Court granted an emergency stay on FMCSA’s non-domiciled CDL rule. For a time it looked as though the freeze in renewals and new applications might finally subside.
But the reality on the ground turned out to be very different. Instead of restarting on issuance, most states voted to wait – or even imposed further restrictions. Across the country, DMVs are looking, sitting back, cancelling or declining to do anything until they know exactly what the law ends up doing. And that uncertainty is being placed squarely upon the shoulders of drivers who need timely renewals to continue working.
The Stay That Changed Little
The stay from the court did not reverse FMCSA’s interim final rule. It simply froze it. According to FMCSA’s own guidance, states can issue non-domiciled CDLs under the old regulations..
In theory, that frees up states to reinstate the old system.
In fact, in practice, most want more certainty before making any move.
Some states are concerned with issuing CDLs today and then having to recall or cancel them later. Others are under internal audit. And some say they cannot reallocate their internal systems for a temporary pause.
The stay may have opened a legal door, but very few states are taking a step through it.
Across the Country, Most States Stay Frozen
Colorado, Michigan, New York, Ohio, Pennsylvania, South Dakota, Texas, Virginia, and Washington confirmed that they are not returning to issuing non-domiciled CDLs, even with the stay. They’re examining the situation, they’re monitoring the lawsuit, or they’re waiting for instructions.
Some states gave very pointed explanations. Ohio said it can hardly move forward until it finishes a full internal audit of compliance. Virginia stressed that restarting now and shutting down later would be disruptive to both CDL schools and state training systems. Pennsylvania, with even greater scrutiny following the case of a non-domiciled CDL holder who went abroad and was discovered to have been licensed in the state, is coming even more carefully.
States that were previously flagged by FMCSA for improper issuance – including South Dakota and Washington – are not willing to take any steps until they’re in full agreement with federal expectations.
Even Texas, one of the best issuers, is in the midst of a full internal review with no timeline for reopening.
These decisions are not coordinated – but the result is the same everywhere: a continuing, statewide lull.
Arizona Moves Forward (But Only Partially)
Arizona is one of the only states that made the switch publicly. It then resumed issuing non-domiciled CDLs; however, only to a small category of applicants: U.S. citizens, permanent residents, and holders of H2A, H2B or E2 visas.
This is not a return to the eligibility that was much broader before the interim final rule. Instead, Arizona chose to stick with the categories under the rule, not the former system under which the stay technically brought the rule back.
For most drivers, a lot means the situation hasn’t improved.
California and Nevada Move in the Opposite Direction
While most states adopted a position of caution, two took far more dramatic action.
California: 17,000 CDL Revocations Underway
California’s internal review identified that 17,000 improperly issued non-domiciled CDLs had been issued in California. The state is revoking them, giving drivers 60 days’ notice to cancel them.
Drivers claim to be turned away from renewals, upgrades and even updating their medical cards, including those who brought printed copies of the court stay.
Nevada: Program Eliminated Completely
Nevada announced it’s doing away with its limited-term CDL program permanently and cancelled nearly 1,000 licences. This is not a temporary reaction to the stay – it’s a structural change that puts an end to non-domiciled CDL issuance in the state for good.
Some Drivers Finding Success – But Only in Certain States
A few drivers had successful renewals or issuances in New Jersey, Delaware and Florida.
However, these instances seem to be isolated rather than indicative of statewide policies. What worked at one DMV counter may not be effective at another counter located in a different part of the city or just a few miles away, leading to overall confusion.
Inside the DMV: What Drivers Are Actually Experiencing
Driver experiences paint the most vivid picture of all; drivers throughout various states attest:
- appointments that are cancelled without an explanation;
- Staff not willing to process renewals
- clerks giving out sheets that read issuance is paused “until further notice”
- denial of medical card updating associated with limited-term CDLs
- offices admitting that they do not have updated instructions
These aren’t edge cases – that’s what you would do every day. The stay might have changed the legal structure, but it hasn’t changed the operational reality.
Why States Are Hesitating
States are citing three major reasons for not moving forward:
Compliance concerns:
The FMCSA had previously flagged some states, and no one wants to risk the penalty or federal funding by moving too quickly.
Operational disruption:
Switching back to the old system now, and possibly switching again later, would necessitate retraining personnel, updating systems and changing workflows.
Temporary nature of the stay:
Since the stay is not a final ruling, the states desire to have stability before making decisions that affect thousands of drivers.
In short, they prefer a stable “pause” as opposed to a temporary restart.
What Drivers Can Expect Going Forward
For now, drivers need to expect that the system will be mostly the same:
- Most states will remain paused.
- Cancellations will keep coming from California and Nevada.
- Renewals and new issuance will not be easy.
- CDL schools can be wary of taking on non-domiciled students.
- Experiences at the DMV will be very varied.
It’s a frustrating landscape, particularly for drivers who have to have timely paperwork so that they can keep themselves on the road. But until states are given better clarity in the long term, many are taking the path of least risk – even if it has drivers in a holding pattern.
Bottom Line
The stay granted by the court opened the way.
Most states decided not to go through it.
At Dexter Dispatch Services, we understand how uncomfortable it can be when you have unclear regulations – especially when your life’s work is based on a licence that should be easy to renew. And whether your CDL is good or not – we’re here to help you keep on moving.
Conclusion
The court stay provides temporary relief for drivers holding Non-Domiciled CDLs, but staying informed and compliant is essential. Drivers should maintain medical certification, monitor updates, and ensure all documentation is current. Being proactive will prevent disruptions to employment and ensure smooth operations once the stay ends.