Non-Domiciled CDL Update

What’s True, What’s Not, and What Drivers Should Expect

November 2025

The recent updates to the non-domiciled CDL rule have raised a lot of questions, and many drivers are trying to understand what the court’s stay actually means. Some believe the rule was stopped entirely, while others worry that states can no longer issue non-domiciled CDLs.

In reality, the situation becomes clearer once you focus on what the court’s stay does – and doesn’t – change.

A Stay Is Not a Block – Here’s What Actually Happened

When the D.C. Circuit Court stepped in, it didn’t strike down the FMCSA’s rule and it didn’t reverse it. Instead, the judges issued a temporary stay – first administrative, then emergency.

A stay is essentially a legal pause. It doesn’t make the rule illegal or reflect the court’s opinion on it. Instead, it gives the judges time to review the filings, the evidence, and the reasoning before the rule moves forward. 

In this case, the court is looking at the full text of the FMCSA’s interim final rule, the petitions filed, the agency’s justification for the rule, the evidence and documents used to support it, and the compliance issues raised during federal audits.

The new rule hasn’t disappeared, and it hasn’t been overturned. It’s just on hold while the legal process runs its course. And that process will take time.

Can States Still Issue Non-Domiciled CDLs During the Stay?

Shortly after the stay made headlines, FMCSA clarified that not every state is covered the same way.

FMCSA has been auditing state CDL programs for months, checking how each state verifies identity and handles non-domiciled CDL applications. Those audits showed that some states weren’t meeting the standards – missing paperwork, inconsistent checks, or other issues.

Because of that, those states are not allowed to continue issuing non-domiciled CDLs under normal procedures during the stay. They must continue operating under the interim final rule until the issues identified in their audits are resolved.

Meanwhile, states that passed the audits are considered compliant and may continue issuing non-domiciled CDLs during the stay without interruption.

The key point for drivers is this: the court’s stay does not erase FMCSA’s compliance concerns.

Yes, the stay is active.
No, it does not automatically reopen CDL issuance everywhere.

In other words, the stay pauses parts of the rule, but FMCSA’s responsibility to ensure states meet federal standards doesn’t pause with it.

Why Is California Revoking 17,000 CDLs?

One of the biggest developments involves the state of California. FMCSA confirmed that California improperly issued more than 17,000 CDLs, and the agency is taking direct enforcement action.

California is now taking corrective action under direct FMCSA oversight. The state has begun revoking the improperly issued CDLs identified during the audit, and it will remain under heightened federal monitoring throughout the process. 

Before California can resume issuing new non-domiciled CDLs, it must bring its entire CDL program back into full compliance with federal standards.

For California-based drivers, this is a heavy hit. Questions about retesting, reinstatement, and timelines are still developing, and FMCSA has said more official guidance is coming.

What Drivers Should Understand Right Now

At this point, most states are still allowed to issue non-domiciled CDLs while the stay is in place. States that failed their audits, however, must continue following the interim final rule and may face extra steps or temporary limits until their issues are resolved. 

It’s important to remember that nothing in this case is final. The court has not ruled on whether the rule is valid or not – the stay is simply temporary. The process is still moving, and the outcome will take time.

For many drivers, this uncertainty is stressful. Renewals, applications, and long-term planning all feel harder when the rules seem to shift day by day.

Staying on the Road Matters – We’ll Help You Do That

While the legal fight continues, one thing hasn’t changed: drivers still need freight they can count on. Whether you’re renewing your CDL, waiting on state guidance, or switching to non-CDL work, Logity Dispatch is here to help you stay on the road.

Apply for loads and get rolling again  →

Learn more about working with Logity Dispatch →

FAQ: Non-Domiciled CDL Rule and Court Stay  

1. Did the court block the non-domiciled CDL rule?

No. The court issued a temporary stay, which pauses enforcement while judges review the case. The rule has not been overturned or canceled.

2. Can states still issue non-domiciled CDLs right now?

Most can. States that passed their federal audits may continue issuing them during the stay. States that failed audits must still follow FMCSA’s interim final rule.

3. Why is California revoking 17,000 CDLs?

FMCSA found major compliance failures in California’s issuance process. The state is now revoking improperly issued CDLs as part of federal enforcement.

4. Does the stay mean the rule is going away?

No. A stay simply pauses enforcement temporarily. The court has not ruled on the legality of the rule itself.

5. What should drivers do if they’re unsure about their state’s status?

Check your state DMV’s official statements – not social media summaries. Regulations are changing quickly, and each state’s compliance situation is different.