Trucking Laws · California · November 5, 2026

California's Non-Domiciled CDL Program Could Resume Depending on Two Pending Court Rulings, a Case Truck Drivers Are Watching

By Big Rig Daily Staff

California could resume issuing non-domiciled commercial driver's licenses (CDLs) if two related cases in a federal appeals court go the state's way, according to Overdrive. A non-domiciled CDL is issued to a driver who is not a resident of the issuing state, often a non-citizen. The court has not ruled, and nothing has changed yet.

Two cases, one court

The U.S. Court of Appeals for the District of Columbia Circuit heard oral arguments on Sept. 15 in a challenge to the Federal Motor Carrier Safety Administration's (FMCSA) broader ban on non-domiciled CDLs, Overdrive reports. A few days earlier, on Sept. 11, the same court heard California Department of Motor Vehicles v. U.S. DOT, in which the state asked the court to throw out FMCSA's finding that its CDL program was out of compliance, along with related federal funding penalties.

Overdrive says the court could decide any day, and likely will rule on both cases together.

How the state got here

When FMCSA began shutting down non-domiciled CDL issuance in September 2025, it put California on special notice over its licensing, the outlet reports. At that time California had issued more than 60,000 non-domiciled CDLs, and the DOT said about a third were wrongly issued. The state has since revoked some 17,000 and started enforcing English language rules.

By November 2025, the court had blocked FMCSA's broader rule, but very few states went back to issuing these licenses. Overdrive says FMCSA had put most of the states that wanted to issue them, including California, Colorado, New York, Pennsylvania, Illinois and Minnesota, under special instructions not to. Those instructions were not covered by the court's block.

What was argued

California's lawyer told the court that FMCSA's decision to withhold $160 million in highway funding rested on one basis: that the DMV had not canceled about 20,000 licenses whose expiration dates ran past the date on the driver's legal presence documents. She argued no federal law required those cancellations. The DOT's lawyer said FMCSA and states often resolve issues informally and that California changed course after saying it would take certain actions.

One judge questioned whether licenses should expire with work authorization documents that, for many people until 2025, renewed automatically, Overdrive reports.

What could happen

If the court blocks the broader ban but not the California findings, many states would remain under special instructions. If the court also sides with California, the state would not have to follow its own special instructions. FMCSA could also win, or issue a new rule or order. Big Rig Daily has reported on states that ended these programs, including Ohio.

Quick facts

• Court: U.S. Court of Appeals for the D.C. Circuit.
• Arguments: Sept. 11 (California v. DOT) and Sept. 15 (broader ban).
• California: more than 60,000 non-domiciled CDLs issued, some 17,000 revoked, per Overdrive.
• Funding at stake: $160 million.
• Status: no ruling yet.

FAQ

Can California issue non-domiciled CDLs today?

The sources describe the state as under special instructions not to. That could change only after a ruling.

When will the court rule?

No date has been set. Overdrive says it could come any day.

A question for readers

Truckers, should one state's court win be able to reopen a license program that other states keep closed?

Save this story for later

Save this to Pinterest