FMCSA Withholds $73.5M from New York for Non-Domiciled CDL Violations
Summary
The Federal Motor Carrier Safety Administration announced withholding of $73,502,543 from New York State representing 4% of National Highway Performance Program and Surface Transportation Program Block Grant funds. The action follows FMCSA's audit finding that New York DMV issued non-domiciled commercial learner's permits and driver's licenses to foreign drivers in violation of federal law, with a 53% failure rate in sampled records (107 of 200 sampled records issued in violation). New York has refused to complete required corrective actions including immediate rescission of all noncompliant licenses and permits.
State DMV agencies administering non-domiciled CDL programs should audit their issuance workflows against the specific failures documented here: New York's DMV systems defaulted to issuing 8-year licenses to foreign drivers regardless of legal status expiration dates. Any jurisdiction with similar system defaults or manual override procedures should proactively review and correct them before a federal audit results in funding withholding. The 53% failure rate threshold may signal the level of noncompliance FMCSA uses to trigger formal determination proceedings.
What changed
FMCSA has issued a final determination of substantial noncompliance against New York State for failing to properly administer its non-domiciled CDL program. The agency's December 2024 nationwide CDL audit found that New York DMV routinely issued commercial driver's licenses to foreign drivers illegally, with a documented failure rate exceeding 53%. Following the state's refusal to implement corrective actions outlined in FMCSA's March 13 formal response, the agency has moved to withhold $73,502,543 in federal highway funding.
State transportation agencies and motor carrier licensing authorities should review their non-domiciled CDL issuance procedures for compliance with federal requirements, including verification of legal status expiration dates and proper vetting of foreign commercial driver applicants. The withheld amount represents a significant portion of federal highway funding that New York will forfeit absent corrective action and FMCSA recertification.
What to do next
- Rescind all noncompliant non-domicile CLPs and CDLs immediately
Penalties
Withholding of $73,502,543 (4% of New York's National Highway Performance Program and Surface Transportation Program Block Grant funds)
Archived snapshot
Apr 20, 2026GovPing captured this document from the original source. If the source has since changed or been removed, this is the text as it existed at that time.
In This Section
Trump’s Transportation Secretary Sean P. Duffy Withholds $73 Million from New York for Failure to Revoke Illegally Issued Trucking Licenses
Thursday, April 16, 2026
WASHINGTON, D.C. – U.S. Transportation Secretary Sean P. Duffy today announced that the Federal Motor Carrier Safety Administration (FMCSA) is withholding over $73 million from the State of New York for failing to revoke illegally issued non-domiciled commercial learner’s permits (CLPs) and commercial driver’s licenses (CDLs).
“I promised the American people I would hold any state leader accountable for failing to keep them safe from unvetted, unqualified foreign drivers. I’m delivering on that promise today by refusing to fund Governor Hochul’s dangerous, anti-American policies. My message to New York’s far left leadership is clear: families must be prioritized on American roads,” said U.S. Transportation Secretary Sean P. Duffy.
“FMCSA’s mission is safety. That means ensuring that every commercial driver on the road is properly vetted and qualified. New York’s continued refusal to fix these failures undermines that mission, and we will not allow federal dollars to support a system that falls short of the law,” said FMCSA Administrator Derek Barrs.
Reminder:
FMCSA’s audit of New York’s non-domiciled CDL issuance practices found numerous failures by the state of New York including:
- Out of 200 sampled records, 107 were issued in violation of federal law—a failure rate of over 53%.
- The DMV’s systems defaulted to issuing 8-year licenses to foreign drivers for non-REAL ID licenses, regardless of when their legal status expired. Additional Information:
On December 12, FMCSA found that, following a nationwide audit of CDLs, the New York Department of Motor Vehicles (DMV) had been routinely issuing CDLs to foreign drivers illegally. The federal audit exposed a 53% failure rate in the records sampled, indicating a total collapse in the administration of New York’s non-domiciled CDL program.
On March 13, FMCSA issued a formal response refuting the state’s claims of compliance and reiterating that New York had failed to complete required corrective actions, including the immediate rescission of all noncompliant non-domicile CLPs and CDLs.
After the state’s continuous refusal to remove these dangerous drivers from the road, FMCSA has issued a final determination of substantial noncompliance and moved to withhold $73,502,543.This represents 4% of New York’s National Highway Performance Program and Surface Transportation Program Block Grant funds.
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