07/17/2026
Under FMCSA's regulations, decertification is a matter of 1, 2, 3...
Other Regulations Relating to Transportation CHAPTER III—FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION SUBCHAPTER B—FEDERAL MOTOR CARRIER SAFETY REGULATIONS PART 384—STATE COMPLIANCE WITH COMMERCIAL DRIVER'S LICENSE PROGRAM Subpart D—Consequences of State Noncompliance § 384.405 Decertification of State CDL program.
49 CFR § 384.405 Decertification of State CDL program.
"(d) Decertification: Preliminary determination. If the Administrator finds that a State is in substantial noncompliance with subpart B of this part, as indicated by the factors specified in paragraph (b) of this section, among other things, the FMCSA will inform the State that it has made a preliminary determination of noncompliance and that the State's CDL program may therefore be decertified. Any response from the State, including factual or legal arguments or a plan to correct the noncompliance, must be submitted within 30 calendar days after receipt of the preliminary determination."
This is step one. It is like an indictment that puts the state on noticenit has been charged with substantial non-compliance. It affords the state the right to dispute the proposed findings within 30 days and defend itself, or cop a plea and comply. If the state doesn't prove FMCSA got it wrong or cooperate with FMCSA's attempts to get the state back into substantial compliance through a state corrective action plan, we move on to step two...
"(e) Decertification: Final determination. If, after considering all material submitted by the State in response to the FMCSA preliminary determination, the Administrator decides that substantial noncompliance exists, which warrants decertification of the CDL program, he/she will issue a decertification order prohibiting the State from issuing CLPs and CDLs until such time as the Administrator determines that the condition(s) causing the decertification has (have) been corrected."
This is step two. It is equal to a finding of guilty on the charges. The title says it all
"Decertification: Final determination." That is, upon final determination of substantial non-compliance, decertification is the required result. It is under the heading of "consequence of state noncompliance" suggesting decertification is clearly meant to be that procedural "consequence."
Not decertifying a state after a final finding of substantial non-compliance deviates from the agency's own written procedure. That violates not only the duty placed on the Secretary under 49 USC §31313 through use of the word "shall" in the context of what must occur next that is prescribed by the statute, it also violates SBTC members' due process rights, generally, under the Federal Administrative Procedure Act (APA) as an "arbitrary and capricious" departure from codified FMCSA regulatory procedure... and the Fifth Amendment.
(f) Recertification of a State. The Governor of the decertified State or his/her designated representative must submit a certification and documentation that the condition causing the decertification has been corrected. If the FMCSA determines that the condition causing the decertification has been satisfactorily corrected, the Administrator will issue a recertification order, including any conditions that must be met in order to begin issuing CLPs and CDLs in the State.
This is like clemancy. If, after a state is found guilty and punished through decertification, it can appeal to the agency for recertification after making a showing it has cured its substantial non-compliance.
That's pretty much the whole case in a nut shell. It is cut and dry and we expect the Court to find in our favor.
In the meantime, if FMCSA were to decertify these states pursuant to their duty under the law and their own procedure, the SBTC would glady withdraw the suit because the FMCSA would then be, well, in "substantial compliance" with the law.
Administrative Law is all about using the law to 'regulate the regulators!' That's what SBTC is doing here in the name of highway safety and in the public interest.
