Preliminary Determination of Noncompliance - Pennsylvania
The U.S. Department of Transportation's Federal Motor Carrier Safety Administration (FMCSA or Agency) is required by statute to ensure that all States comply with the commercial driver's license (CDL) regulations. In September 2025, FMCSA initiated an Annual Program Review (APR) of the Pennsylvania Department of Transportation (PennDOT) CDL program in accordance with 49 U.S.C. § 31311 and 49 CFR § 384.307. During the 2025 APR, FMCSA obtained evidence of procedural and programming errors in Pennsylvania's issuance of nondomiciled commercial learner's permits (CLPs) and CDLs-that is, CLPs and CDLs issued to drivers who are not domiciled within Pennsylvania. In this regard, FMCSA found that PennDOT issued non-domiciled CDLs that extend beyond the expiration of drivers' lawful presence in the United States, issued non-domiciled CDLs without requiring the non-domiciled driver to comply with the standards for providing proof of lawful presence in the United States, and issued nondomiciled CDLs to lawful permanent residents who were eligible for a regular CDL. Therefore, in accordance with 49 CFR § 3 84.307(b), this letter constitutes FMCSA's preliminary determination that Pennsylvania has failed to meet the requirement for substantial compliance with the standards for issuing non-domiciled CLPs and CDLs. Pennsylvania must take immediate corrective action, as set forth in section IV below, to address the deficiencies identified in this letter. The State's failure to do so may result in FMCSA initiating the withholding of certain Federal-aid highway funds and decertifying the State's CDL program.