State of New York v. U.S. Dep’t of Transportation

The Federal Motor Carrier Safety Administration (FMCSA) withheld from New York approximately $73.5 million in federal transportation funds because it asserted that New York was not in substantial compliance with federal minimum standards for issuing non-domiciled commercial driver’s licenses (CDLs)—the licenses needed to drive trucks, school buses, snow plows, and other commercial motor vehicles. New York filed a lawsuit challenging FMCSA’s decision.

Representing several labor unions with members impacted by the loss of funding, Public Citizen filed an amicus brief in support of New York. The amicus brief explains that FMCSA’s decision finding of substantial noncompliance was arbitrary and capricious because the applicable federal regulations did not require the practice that FMCSA faults New York for not adopting. The amicus brief also explains that FMCSA’s withholding of $73.5 million—the maximum penalty—was not reasonable because, among other things, it harms road safety, jeopardizes the jobs and livelihoods of commercial drivers, and disrupts the essential public services provided by those drivers.