How Recent FMCSA Updates Are Reshaping CDL Programs
Jurisdictions are finding that the best way to prepare for these changes is to maintain open lines of communication with federal partners—and one another.
Over the past year, state commercial driver’s license (CDL) programs and commercial motor vehicle safety programs have seen a shakeup. This is largely due to recent and ongoing changes to some Federal Motor Carrier Safety Administration (FMCSA) rules and policies.
Jurisdictions are finding that the best way to prepare for these changes is to maintain open lines of communication with federal partners—and one another.
“From a problem-solving standpoint, there’s no need to go it alone,” says Jeff Oberdank, portfolio director for the driver programs section of AAMVA. “If you’re open to coming to the table, chances are really high that there’s somebody who can help you who’s already corrected that issue.”
Driver Training
In late 2025, the FMCSA launched a nationwide Entry-level Driver Training (ELDT) compliance initiative. This marked a shift from administrative reviews of training data to on-site school and fleet audits and reviews for thousands of training providers.
Every commercial driver is required to complete formal training from a certified trainer before applying for a CDL. The FMCSA maintains a national registry of ELDT providers.
“When the program to become a certified trainer was rolled out in 2022, it was a self-certification,” Oberdank says. “Anyone could say, ‘Yes, I’m a good trainer.’”
More than 4,000 inactive or noncompliant training providers have been removed from the national registry, a move largely welcomed by state agencies.
Recognizing that the initial self-certification process for training providers led to unqualified “fly-by-night” trainers and increased test wait times, the FMCSA’s effort aimed to eliminate noncompliant programs and unqualified instructors. More than 4,000 inactive or noncompliant training providers have been removed from the national registry, a move largely welcomed by state agencies.
“Somebody needs to be validating that these people are doing the things they self-certify,” says Christopher Ireland, director, Driver License Services, Maine Bureau of Motor Vehicles. He points out that in Maine, as in many states, the Bureau of Motor Vehicles doesn’t have the authority to oversee independent or third-party ELDT providers, so these trainers could fall through the cracks. “Maine BMV is only chartered by state statute to regulate and license CDL schools that charge a fee for their services. Many ELDT providers don’t fit that paradigm, so I think it’s good that FMCSA is now taking a look,” he says.
Misty Zimmerman, driver services program manager at the Wyoming Department of Transportation, also noticed positive changes. “We have seen an increase in our pass rate, so we do feel like it is adding to drivers’ proficiency,” she says.
Philip Thomas, deputy associate administrator for the Office of Safety at the FMCSA, says the federal agency’s initiative focuses on improving safety. “The driver is the most critical aspect in commercial motor vehicle safety; making sure we have qualified and well-trained drivers is essential to achieving our mission,” he says.
Annual reviews
In large part, increased staffing is enabling FMCSA’s efforts. In 2025, FMCSA added field staff with CDL expertise to support the work and increase the agency’s capacity to conduct oversight.
Oversight efforts go beyond ELDT programs to include a closer look at state CDL programs.
“Annual Program Reviews (APRs) are nothing new for FMCSA or our State Driver’s License Agency (SDLA) partners,” Thomas says. However, many agencies have noticed a difference in how those APRs are conducted.
FMCSA uses the APR process to ensure that states are complying with federal regulations. “We’re seeing them apply new energy, which, on some enforcement fronts, is actually overdue energy,” Ireland says. “We recognize that we all largely share the same goals of roadway safety.”
FMCSA remains committed to ensuring commercial drivers meet core safety standards, including English Language Proficiency (ELP) under 49 CFR 391.11(b)(2). Following the Commercial Vehicle Safety Alliance (CVSA) Board’s vote to add ELP noncompliance with Title 49 Code of Federal Regulations (CFR) 391.11(b)(2) to the CVSA North American Standard Out-of-Service Criteria, the change took effect the following month.
According to this rule, commercial motor vehicle drivers must be able to “read and speak the English language sufficiently to converse with the general public, to understand highway traffic signs and signals in the English language, to respond to official inquiries and to make entries on official reports and records.” To remain eligible for Motor Carrier Safety Assistance Program (MCSAP) funding, a state must enforce English-language proficiency for all commercial motor vehicle drivers. In mid-2025, FMCSA issued updated enforcement guidance to reinforce these requirements across all jurisdictions.
To strengthen compliance and maintain safety on the highways, FMCSA is initiating direct administrative actions against noncompliant drivers. The agency will begin issuing Letters of Disqualification (LOD) to drivers cited for ELP red flag violations and subsequently requesting that SDLAs execute CDL downgrades in accordance with federal standards.
Because full state enforcement of ELP requirements for all commercial drivers is tied directly to MCSAP grant eligibility, FMCSA continues to work closely with SDLAs to ensure uniform implementation, timely processing of downgrades and overall compliance with program standards.
In response, some states are changing their testing. For example, Texas transitioned all CDL knowledge and testing requirements to English, eliminating non-English written exams.
Rule change on nondomiciled CDLs
In addition to tighter enforcement, states have adopted a new rule that tightens the requirements for noncitizens applying for or renewing nondomiciled CDLs. As of March 2026, the FMCSA’s final rule restricts nondomiciled CDLs to holders of H-2A, H-2B and E-2 visas.
Oberdank points out that this rule change affects states in different ways. “There was a jurisdiction that recently said they had over 4,000 nondomiciled CDL drivers under the old rule, and they would have fewer than 10 under the new rule,” he says. “It’s hard to finance, train staff and maintain a full program for 10 people.”
Wyoming has had a similar experience. “Wyoming did determine to stop issuing nondomicile CDLs because we had so few people that it would affect,” Zimmerman says. “We have around 30,000 CDL holders in this state, and we had around 60 nondomiciled before the change. After the March 2026 changes, we would have had fewer than five drivers eligible to hold nondomiciled CDLs.”
Oberdank points out that in some areas, regardless of size, a nondomiciled CDL program may be needed: “For instance, if you’re in a farming community and you have a lot of H-2A visa holders, then it makes sense to continue that program because the agriculture folks need that. But for some, if you don’t have one of the three visa types that are eligible, it doesn’t make sense to maintain the program.”
Communication
While states are running into challenges evaluating programs and complying with new regulations, one of the main challenges is getting the right information at the right time.
“I think that the challenges are communication-related,” Ireland says. “It’s been challenging to catch up with or keep up with some of these program changes.”
To meet these challenges, state agencies find it useful to partner with local and national organizations that facilitate sharing information and best practices.
Ireland has found it useful to be actively connected to the Maine Motor Transportation Association, a not-for-profit membership organization serving motor carriers in Maine. One of Zimmerman’s best resources for helping the state get information to transportation companies and their drivers is the Wyoming Trucking Association.
Both point out that AAMVA is also a great resource for education and connecting jurisdictions across the nation.
“I know that if I have a question, I can always reach out to my counterpart, say, on the East Coast, to see if they’re dealing with something similar,” Zimmerman says. “And that relationship exists because of AAMVA.”
In addition, FMCSA participates in AAMVA’s Annual International Conference and sends representatives to regional conferences and other AAMVA events. FMCSA representatives often attend working sessions and are available to answer questions.
These opportunities for communication are essential as FMCSA continues to make changes to improve operations and road safety.
MCSAP is a formula grant program that awarded more than $500 million to 56 jurisdictions in 2026.
For example, at recent AAMVA regional conferences, FMCSA announced plans to revamp the APR process. Instead of a once-a-year review of the program, they’ll look at various parts of it throughout the year. Although the timing of this change has not been announced, Oberdank is optimistic it will be good for state agencies.
“Instead of one big heavy lift annually, I think the review is going to be smaller, bite-sized looks all year long,” he says.
The key to a smooth transition to a new APR process will, of course, be good communication.
“We believe that a good partnership means that we have regular contact with our states,” Thomas says. “Whether it is with our division offices, CDL division or leadership, we remain steadfast that we are here to work with the states through any findings or noncompliance issues.”