Hoping @FMCSA catches this...
@CA_DMV's October 26th reply to @USDOT's September 26th preliminary notice of non-compliance with CDL Program Standards under 49 USC Chapter 313 states:
"Separate and apart from federal requirements, California has promulgated its own regulations that require that CDLs issued to individuals who are not U.S. citizens or permanent residents must expire no later than their term of legal presence. See Cal. Code Regs. tit. 13, § 26.02(c) (“A commercial driver’s license or commercial learner’s permit issued to a person submitting documents pursuant to 26.01(b) [i.e., a valid EAD or passport with I-94 form] will be termed to expire on the same date as the expiration date on the valid DHS document. The person may not renew or upgrade without submitting a document pursuant to 26.01(a) or (b).”).
DMV has confirmed that shortcomings of its technical systems and processes led to licenses being issued with validity dates extending beyond expiration of the applicant’s then-current legal presence in the United States, and DMV is working to address that issue to come into compliance with California law. This was not, however, a violation of federal law, which imposed no comparable requirement before the IFR, and thus is not a basis for withholding highway funding.
ii. The Department of Homeland Security Expressly Approved of DMV’s Practices
As described above, California has promulgated its own regulation that went beyond federal requirements and required that CDLs issued to individuals who are not U.S. citizens or lawful residents must expire no later than their term of legal presence. Pursuant to this regulation, DMV’s policy is to issue CDLs with an expiration date that is consistent with the legal presence document presented at the time of application..."
As we stated to @AGPamBondi in our September 26th, 2025 Second Petition for a RICO Investigation into @CA_DMV here...
https://smalltransportation.us/__static/jdj5jdewjgj6bmivugj0cuvmzek4q0jy/September_26_2025_RICO.pdf
... making reference to our first August 18th, 2025 Petition for a RICO Investigation into CA_DMV:
"SBTC alleged that CA state officials are knowingly and intentionally enabling the violation of 49 CFR 383.71(b)(9), which states: (b) Initial Commercial Driver's License. Prior to obtaining a CDL, a person must meet all of the following requirements: (9) The person must provide proof of citizenship or lawful permanent residency as specified in Table 1 of this section, or be registered under paragraph (f) of this section.
We stated we believe this matter is worthy of a RICO probe insofar as CA is, we believe, defrauding the Federal government each time the state issues a CDL to an illegal immigrant since the state gets federal funding under the CDL program. We suggested this appears to be a violation of 18 U.S.C. § 1031 and/or 18 U.S.C. § 371."
This regulation is not even on California's radar. California does not have the right to give CDLs to anyone who is not a citizen or lawful permanent resident and enable such a person to obtain a CDL when he does not qualify under Federal regulations that preempt state regulations in this regard.
When they state "California has promulgated its own regulation that went beyond federal requirements and required that CDLs issued to individuals who are not U.S. citizens or lawful residents..." that is AN OUTRIGHT ADMISSION OF VIOLATION OF CDL PROGRAM STANDARDS (49 CFR 383.71(b)(9))!
Which is what @FMCSA accused them of on September 26th, 2025.
We call foul, and reaffirm our May 27th, 2025 petition for @SecDuffy to decertify and defund California immediately.