What Truckers Need to Know about H.R. 5688, New Legislation and Regs in a New Era of CDL "Oversight"

Who Knew We Needed Congressional Action To Let Truck Drivers Use the Bathrooms and other Trucking Legislation To Watch 2025–2026

There is a far more advanced and in-depth version of this that I have written for Freightwaves, which will be coming soon. This is a short clip of what legislation and regulation are on and off the table in US trucking for 2025-2026.

Congress is moving to cement one of the most aggressive federal crackdowns on commercial driver licensing in decades. H.R. 5688, the Non-Domiciled CDL Integrity Act, now in the House Transportation and Infrastructure Committee, would write into law the emergency restrictions the FMCSA imposed this fall after audits uncovered thousands of improperly issued commercial licenses to foreign nationals.

They would not end non-domiciled CDLs outright, but it would narrow them to a small, supposedly “highly controlled” lane. (States and carriers have done a fantastic job on this so far, so we should try it again.) States could issue a CDL only to a driver who can prove lawful status through the Department of Homeland Security’s SAVE database, appears in person for testing and renewal, and holds work authorization that expires within a year. Licenses would automatically expire at the shorter of one year or the individual’s legal stay. Non-compliant states could lose Motor Carrier Safety Assistance Program (MCSAP) funding, the federal money that keeps weigh stations, roadside inspections, and CDL enforcement running.

The bill LARGELY mirrors FMCSA’s September 2025 interim final rule, issued after federal investigators found that one in four non-domiciled CDLs in California were invalid. Secretary of Transportation Sean Duffy gave the state 30 days to comply or risk $160 million in lost funding. Similar enforcement warnings were issued to Washington and New Mexico for failing to enforce English Language Proficiency (ELP) rules. I say “largely” because it leaves a pathway to put non-domiciled drivers back on the highway.

Rep. David Rouzer (R-N.C.) says the legislation “restores integrity to the licensing system” and keeps unqualified or unauthorized drivers off U.S. highways. Opponents argue that codifying the rule instead of eliminating the category leaves a door open for abuse. I'm not sure why we would believe that, because between our upstanding carrier community, foreign drivers policing themselves, and states passing laws to bypass federal regs, we should be fine.

For fleets, the change means more administrative weight. Carriers employing non-domiciled drivers will need to self-verify every license’s alignment with visa status, store SAVE results, and schedule annual in-person renewals. Failure to track expirations could invite liability if a driver’s work authorization lapses before the CDL does. Compliance officers are already treating the renewal date as a litigation-sensitive field in crash documentation. Again, if you haven't noticed, we've failed at this before, and accountability and oversight are limited.

The bill advocates for the federal government’s broader use of MCSAP funding as a tool. FMCSA has threatened to suspend grants for states that ignore ELP enforcement or issue CDLs outside federal limits, a power rarely used until now.

Fatal large-truck crashes totaled 5,472 deaths in 2023, according to NHTSA, still 8 percent below 2022 levels but proof that licensing and training integrity remain public-safety issues. CVSA’s 2025 International Roadcheck found 18.1 percent of vehicles and 5.9 percent of drivers out of service, a reminder that documentation and fitness failures persist.

From a risk-control standpoint, H.R. 5688 represents a “tighten and verify” strategy, not a ban. By comparison, H.R. 5670, the Protecting America’s Roads Act, filed days earlier by Rep. Beth Van Duyne (R-Texas, goes further and would end CDL reciprocity with Canada and Mexico, forcing foreign drivers into U.S.-issued credentials and potentially triggering trade friction under USMCA.

Many drivers and others in the industry (myself included) oppose H.R. 5688 because we see it as a door left cracked open. To put it bluntly, carriers suck at compliance, and the government sucks at oversight and accountability. While the bill narrows eligibility for non-domiciled CDLs, it still allows foreign drivers to operate on U.S. highways under work-authorized visas. The problem isn’t just who qualifies, it’s how poorly oversight works in practice. With FMCSA chronically understaffed and reliant on self-reporting from state licensing agencies, there’s little capacity to audit every carrier or confirm that each non-domiciled driver remains compliant. Widespread carrier mismanagement, fraudulent operating authorities, and weak driver-screening practices are real and serious industry issues. With many companies already cutting corners, they will continue hiring whoever fills a seat. Codifying a SELF-monitored pathway for non-domiciled drivers only formalizes a system that federal and state regulators can’t realistically police. Until enforcement resources, carrier vetting, and accountability improve, any law that keeps non-domiciled drivers on the road undermines both safety and public trust.

For fleets and drivers, the practical takeaway is simple, audit your rosters, verify visa status to license term, and prepare for annual renewals and documentation requests within 48 hours. The non-domiciled path is shrinking and heavily policed, not gone, a fact carriers must treat as operational reality.

What Else Truckers Should Watch in 2025 – 2026

H.R. 1659 Truck Parking Safety Improvement Act
Creates federal grants for truck-parking projects; spaces funded must be free to drivers. Addresses the industry’s top quality-of-life issue.

H.R. 2391 Strengthening Supply Chains Through Truck Driver Incentives Act
Offers a refundable tax credit up to $7,500 for experienced drivers and $10,000 for new/apprentice drivers in 2025–26, aimed at retention and recruiting.

H.R. 2424 Modern, Clean and Safe Trucks Act of 2025
The proposal would repeal the 12 percent Federal Excise Tax on new trucks and trailers, cutting equipment costs if enacted.

H.R. 2853 Combating Organized Retail Crime Act
Designates retail cargo-theft rings as RICO cases and creates a Homeland Security task force, raising carrier and broker due diligence expectations.

H.R. 880 / S. 337 Household Goods Shipping Consumer Protection Act
The policy restores FMCSA civil penalty authority over household goods movers and expands fraud oversight tools.

H.R. 2514 Trucker Bathroom Access Act
Drivers require restroom access at shippers, receivers, ports, and terminals, a low-cost, high-impact retention measure.

S. 656 Veteran Improvement Commercial Driver License Act (Public Law 118-95)
Already law since October 2024, this lets new CDL schools accept GI Bill students without a two-year wait.

Reg Calendar. FMCSA’s broker transparency final rule is delayed to May 2026; broker/forwarder bond requirements move to January 2026; the speed-limiter mandate is withdrawn; and a revised automatic emergency-braking proposal for heavy trucks remains under review.

State CDL & Trucking Law Watch

States are moving quickly to sync with FMCSA’s September emergency rule on non-domiciled CDLs and increased English-language-proficiency (ELP) enforcement. Several DMVs have paused issuing term-limited/non-domiciled credentials while they retool systems; others are tightening training or testing. For carriers, that means real licensing friction in key markets.

California. The DMV has paused issuing and renewing non-domiciled CLPs/CDLs “until further notice” to comply with USDOT’s emergency rule. Agency pages now warn that limited-term legal-presence (non-domiciled) CDLs cannot be issued or renewed and that eligibility, document lists, and renewal procedures have changed. California also continues to push employer monitoring via its Employer Pull Notice (EPN) program, which many motor carriers use to track license status changes. (Basically continuous license monitoring, but required in CA.)

Washington. The Department of Licensing has stopped processing all non-domicile CLP/CDL transactions, originals, renewals, upgrades, and duplicates. It has suspended knowledge and skills tests for non-domiciled drivers pending federal alignment. Washington also codifies minimum CDL training hours by class beyond the federal ELDT baseline (e.g., 160 hours for Class A), which affects new-entrant timelines.

Pennsylvania. PennDOT has paused issuance of all non-domiciled commercial driver products “until further notice” in response to the federal rule. The notice appears across PennDOT CDL service pages, signaling a uniform pause (new, transfer, duplicate, and certain renewals) for non-domiciled applicants.

Colorado. The DMV has paused the issuance and renewal of term-limited (non-domiciled) CDLs and CLPs, effective Sept. 29, 2025, citing new FMCSA regulations.

Texas. State statute still contains a conflict. Transportation Code 522.043(b) bars DPS from administering English-proficiency tests during CDL issuance, a legacy rule that collides with federal ELP enforcement. Gov. Greg Abbott has ordered DPS to strictly enforce federal English-language requirements statewide, including intrastate operations, effectively closing the historical carve-out. Lawyers and carriers should expect litigation or a legislative fix in the next session.

New Mexico. DOT has acknowledged the June 25, 2025 federal ELP guidance and the lack of a standardized testing protocol, putting troopers and licensing staff on notice to scrutinize English ability during stops and reviews while the state aligns procedures.

Multi-state federal pressure. FMCSA has publicly warned California, Washington, and New Mexico that they could lose MCSAP safety funding if they fail to enforce ELP; the department tied the stance to recent fatal crashes and broader audits of non-domiciled issuance. The interim final rule that triggered most state pauses took effect on Sept. 29, 2025. It limits eligibility, requires DHS SAVE verification, and caps license terms at one year or the end of lawful stay, whichever comes first.

Training/testing modernization. Beyond federal ELDT, some states are layering additional training or modernized test elements. Pennsylvania completed a modernized CDL skills test rollout at state and third-party sites; Washington prescribes hour-based minimums by class. These state-specific “barriers” can lengthen time-to-seat for new hires…which isn’t always a bad thing.

What it means for fleets. Expect onboarding delays for non-domiciled candidates in paused states; build 90-day renewal calendars and SAVE-verification files you can produce within 48 hours; and prepare drivers for more ELP-related roadside scrutiny. For multi-state operators, align hiring and dispatch with each state’s current posture to avoid surprises at the counter or at the scale house.

Trucking’s regulatory map has never moved faster. Between tightened CDL eligibility, state-level ELP enforcement, and stalled tax relief bills, small carriers face a mix of federal deregulation and state over-reach. The key for 2025 is to track which rules are real, which are rhetoric, and which, like H.R. 5688, will change who gets behind the wheel…or will it?