The FMCSA has granted the Oregon Department of Transportation (ODOT) a special exemption. This exemption changes how citizens of the Freely Associated States (FAS) can get CDLs and Commercial Learner’s Permits (CLPs) in Oregon. The exemption is effective from September 25, 2024, through September 25, 2029.
What the CDL Exemption Allows
Normally, to get a CDL or CLP, applicants must show proof that they are either U.S. citizens or lawful permanent residents. Non-U.S. citizens, including those from the FAS, can usually only get a non-domiciled CDL or CLP, which has stricter rules. The FAS includes the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau.
This new exemption allows Oregon to accept specific documents as proof that FAS citizens are lawfully in the U.S. These documents include:
- A valid, unexpired passport from a FAS country.
- An Arrival/Departure Record, such as an I-94 or I-94A form.
With these documents, FAS citizens living in Oregon can now get standard CDLs and CLPs, rather than the more limited non-domiciled versions. This change brings Oregon’s CDL rules in line with the U.S. Department of Homeland Security’s (DHS) REAL ID Act, which allows FAS citizens to receive full-term REAL ID licenses.
Why the CDL Exemption Was Requested
Oregon asked for this exemption to make the CDL application process easier for FAS citizens who live and work in the state. FAS citizens are allowed to live and work in the U.S. indefinitely without needing a visa. With this exemption, Oregon can issue them standard CDLs and CLPs, which will help them work in the trucking industry like any other resident.
This change is important because it treats FAS citizens more like U.S. citizens in terms of CDL eligibility. Oregon believes that if these individuals meet all other safety and licensing rules, they should be eligible for the same commercial driving privileges as anyone else.
Safety is Still a Priority
The FMCSA carefully studied this request and made sure that the exemption would not lower highway safety standards. They determined that Oregon’s plan will keep safety levels the same or even improve them.
To maintain safety, Oregon still has to follow all federal and state rules when it issues CDLs and CLPs to FAS citizens. These rules include things like passing driving tests, medical certifications, and background checks.
As part of the exemption, Oregon will keep a list of all drivers who receive CDLs and CLPs under this new rule. The FMCSA can request this list at any time to ensure the state is following the rules.
Public Opinions on the Exemption
When Oregon’s request for the exemption was made public, five comments were submitted. Four of those comments were against the exemption. For example, one commenter, Curt Smith, said, “The exemption take[s] away from US citizens who want a CDL. [I]f the applicants are not US citizens, they should not get the same CDL as the driver that is a US citizen. A Nondomiciled CDL is just fine for someone that is not permanently domiciled in the continental United States.”
However, the Hawaii Department of Transportation (HDOT) supported the exemption, stating that FAS citizens should be allowed to get standard CDLs and CLPs if they have the right documents. HDOT commented, “HDOT agrees with Oregon and suggests that a valid, unexpired passport issued to a citizen of FAS, accompanied by an I-94 . . . form, is sufficient to prove that an individual has entered the United States lawfully.”
How the Exemption Works
The FMCSA has the authority to grant exemptions from federal regulations, and they made sure this decision followed the correct legal process. According to federal law, the FMCSA must be confident that the exemption will keep safety at the same or better levels as current regulations. They determined that Oregon’s request meets this requirement.
Oregon must follow all other applicable safety regulations when issuing these CDLs and CLPs. The FMCSA can end the exemption if it leads to lower safety standards, if Oregon fails to meet the requirements, or if the exemption no longer aligns with federal goals.
Looking Ahead
This five-year exemption gives Oregon flexibility in addressing the needs of FAS citizens who live and work in the state. It also helps the trucking industry by allowing more qualified drivers to get their CDLs. The exemption will also allow Oregon to monitor its effect and make changes if necessary.
This exemption could also serve as a model for other states with large FAS populations. Expanding CDL eligibility to FAS citizens can help address the ongoing driver shortage while maintaining safety on the roads.
