Transport Directorate New restrictions This would severely limit immigrants’ right to obtain commercial driver’s licenses to drive a semi-trailer truck or bus, and has been put on hold by a federal appeals court.
The District of Columbia court ruled Thursday that the rules announced by Transportation Secretary Sean Duffy in September, a month after an unlicensed truck driver in the United States made an illegal turn and caused an accident in Florida. Who killed three people It cannot be implemented now.
The court said the federal government did not follow proper procedure in drafting the rule and failed to “articulate a satisfactory explanation of how the rule promotes safety.” Data from the Federal Motor Carrier Safety Administration show that immigrants with such licenses account for nearly 5% of all commercial driver’s licenses but only about 0.2% of all fatal crashes, the court said.
Duffy has been pressing the issue in California because the driver in the Florida crash had a California driver’s license, and a review of that state’s records showed that many immigrants obtained licenses in California that were valid long after their work permits expired. Earlier this week, California 17,000 commercial driving licenses withdrawn Because of that problem.
Neither Duffy nor California Governor Gavin Newsom immediately responded Friday to questions about the ruling. Newsom’s office said the state followed guidance it received from the U.S. Department of Homeland Security on issuing these licenses to noncitizens.
The Florida incident, along with fatal truck accidents in Texas and Alabama earlier this year, highlighted questions about those licenses, Duffy said. A California fire accident In an accident that killed three people last month, a truck driver was involved in the country illegally, raising concerns.
The driver in the Florida crash, Harjinder Singh, appeared before a judge in St. Lucie County, Florida, on Thursday, where his lawyers asked to continue court proceedings into January as they prepare for trial. Singh has pleaded not guilty to three counts of vehicular homicide and three counts of manslaughter.
The new restrictions on these licenses will only allow immigrants with three specific visa categories to be eligible for the licenses. States will also have to check the applicant’s immigration status in a federal database. The licenses will be valid for up to one year unless the applicant’s visa expires sooner.
Under the new rules, only 10,000 of the 200,000 noncitizens with business licenses will be eligible for them, which will only be available to drivers with an H-2a, H-2b or E-2 visa. The H-2a is for temporary agricultural workers while the H-2b is for temporary non-agricultural workers, and the E-2 is for people who make significant investments in U.S. businesses. But the rules won’t be applied retroactively, so those 190,000 drivers will be allowed to keep their business licenses at least until it’s time to renew.
Trucking trade groups such as the Independent Owner-Operator Drivers Association have supported the new rule. There is a bill in Congress that would enshrine new restrictions on commercial driver’s licenses into law.
“For too long, loopholes in this program have allowed unqualified drivers onto our highways, putting professional truck drivers and the motoring public at risk,” said Todd Spencer, president of the Trucking Association.
Duffy said California and five other states improperly issued commercial driver’s licenses to noncitizens, but California is the only state Duffy has taken action against because it was the first where an audit was completed. Reviews in other states have been delayed by the government shutdown, but the Department of Transportation is urging them all to tighten their standards.
Daffy did Withdrew $40 million In federal funding because he said California doesn’t implement it English language requirements For truck drivers, he said earlier this week that he could take another $160 million from the state for these improperly issued licenses if they don’t revoke every illegal license and address all the concerns.
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Associated Press writer Kate Payne contributed to this report from Tallahassee, Florida.