The South Carolina Department of Motor Vehicles (SCDMV) has announced a major update affecting who can apply for or renew a Commercial Driver’s License (CDL) or Commercial Learner’s Permit (CLP).
Effective September 29, only U.S. citizens and green card holders are eligible for South Carolina CDLs. This decision follows an interim final rule issued by the Federal Motor Carrier Safety Administration (FMCSA) a branch of the federal government responsible for regulating commercial vehicle safety.
This update means that lawful non-citizens who previously held temporary work authorization can no longer receive a CDL or CLP in South Carolina. The rule is designed to enhance identity verification, standardize regulations across state agencies, and ensure all commercial drivers meet federally required safety and documentation standards, a matter often addressed by experienced Charleston Truck Accident Lawyers when discussing driver eligibility and compliance.
Federal Rule Behind the Change
The Federal Motor Carrier Safety Administration issued an interim final rule that limits CDL issuance to only those who can prove lawful presence in the United States as citizens or permanent residents.
Under this rule:
- States must use a federal database to confirm each applicant’s citizenship or residency.
- Temporary visa holders or those with non-permanent status are excluded.
- CDLs issued to non-U.S. citizens can no longer be renewed or reissued once expired.
- States like South Carolina must align their local policies with federal CDL regulations immediately.
The South Carolina SCDMV, led by Kevin Shwedo, confirmed that the department has already implemented most of the required verification procedures. These include in-person testing, federal document checks, and proof of lawful presence verification during the Driver’s License Renewals process.
South Carolina Department of Motor Vehicles’ Role
The South Carolina Department of Motor Vehicles emphasized that this rule will not affect existing state-issued non-commercial driver’s licenses. Regular residents and other lawful drivers can still renew their South Carolina driver’s license as usual.
However, the Driver’s License Authority within the SCDMV will no longer process commercial applications for non-permanent residents. Applicants must show proof of domicile, valid identification, and appropriate federal verification to qualify for a Commercial Driver’s License or Commercial Learner’s Permit.
According to SCDMV Director Kevin Shwedo, the agency’s goal is to ensure South Carolina remains fully compliant with federal safety standards while protecting its established trucking industry and freight hauling capacity.
What It Means for the Trucking Industry
1. U.S. Citizens and Green Card Holders
For American citizens and permanent residents, the CDL process remains unchanged. Applicants still need to pass written and road tests, provide identification, and demonstrate English proficiency.
2. Lawful Non-Citizens
Lawful non-citizens, such as visa holders, will no longer qualify for new or renewed CDLs. This may affect the workforce in freight logistics and South Carolina’s established fleet operators, particularly where companies relied on temporary visa drivers.
3. Employers and Trucking Associations
Industry leaders, including Rick Todd of the South Carolina Trucking Association, acknowledged that while this change strengthens compliance, it could also tighten the labor supply. South Carolina already faces challenges maintaining its freight hauling capacity, and fewer eligible CDL drivers could increase strain on logistics networks.
Compliance, Procedures, and Exceptions
1. Verification and Documentation
Every CDL applicant must now undergo verification through a federal database. The system ensures applicants meet federal requirements under the Federal Motor Carrier Safety Administration’s updated rule.
2. In-Person Requirements
All applicants both new and renewing must visit an SCDMV branch in person. The agency does not permit online services for CDL issuance or renewal, ensuring all verification occurs securely and under supervision.
3. Non-Domicile CDLs and Reciprocity Agreements
Previously, some states offered non-domicile CDLs under reciprocity agreements for temporary residents working in transportation. South Carolina’s updated rules eliminate this option, meaning CDL issuance is now strictly limited to residents with lawful presence and proof of permanent residence.
4. Unaffected Licenses
The change does not apply to state-issued non-commercial driver’s licenses, special identification cards, or non-commercial Driver’s License Renewals. These services remain available to lawful non-citizens and residents under other legal visa categories.
Broader Impact on South Carolina and the United States
The federal government’s decision to enforce uniform CDL rules underscores the growing emphasis on security and documentation integrity. In states like South Carolina, where freight transport and logistics are vital industries, these rules aim to prevent vehicle fraud, title forgery, and other forms of identity misuse.
Officials within the South Carolina Law Enforcement Division have also noted that stronger verification measures can reduce criminal misuse of commercial vehicles and improve road safety.
From a national perspective, this move aligns South Carolina with other states enforcing federal CDL standards. It ensures that every Commercial Driver’s License issued within the United States reflects verified citizenship or permanent residency creating consistency and transparency in commercial transportation licensing.
Industry Perspectives
Industry representatives, including Rick Todd from the Trucking Association, have expressed concerns about the impact on driver recruitment. With driver shortages already affecting supply chains, further limiting eligibility could influence delivery schedules and increase costs for transportation companies.
Nevertheless, officials like Kevin Shwedo have defended the rule, emphasizing that compliance with the Federal Motor Carrier Safety Administration ensures greater safety and integrity across South Carolina’s transportation network.
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