[Stay on top of transportation news: Get TTNews in your inbox.]
States sue DOT over access to 17 million CDL records
Coalition says federal demand threatens privacy of commercial driver records
Duffy contends the state-owned CDL data is necessary for ongoing efforts to remove unqualified and dangerous truckers from roadways. (Juan Sorto/Transport Topics)
Key Takeaways:
- Eighteen states and the District of Columbia sued DOT, FMCSA and DHS on Aug. 13 to block access to AAMVA’s CDL database.
- The lawsuit says CDLIS holds records on 17 million commercial drivers and its shutdown could disrupt CDL issuance nationwide.
- A court is asked to stop a data transfer demand due Aug. 17 as AAMVA says it may halt CDLIS operations.
A state coalition is suing the Department of Transportation to stop it from obtaining access to a database operated by the American Association of Motor Vehicle Administrators that contains information on 17 million commercial drivers.
The 55-page lawsuit, filed Aug. 13 in the Alexandria division of eastern Virginia’s U.S. District Court, was brought by Connecticut, Delaware, the District of Columbia, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Nevada, New Jersey, New Mexico, New York, Oregon, Pennsylvania, Vermont, Virginia, Washington and Wisconsin.
The suit also names the Federal Motor Carrier Safety Administration, which apparently informed nonprofit AAMVA on Aug. 11 it must turn over five years of information by Aug. 17 or face an immediate termination of all federal contracts and funds, including $10 million that pays for the database.
Federal law requires states to query AAMVA’s Commercial Driver’s License Information System before issuing or renewing commercial driver licenses.
The lawsuit says that unless a court intervenes, AAMVA plans to resist providing the data and stop operating the CDLIS system by the deadline, “upending the licensing systems in all 50 states and the District of Columbia and sowing chaos on the nation’s streets and highways.”
A companion action joined by Minnesota was filed the same day to block a subpoena issued by the Department of Homeland Security seeking to force AAMVA to turn over the CDL information.
Colorado Attorney General Philip Weiser cited privacy concerns of residents, noting that states own driver license information because the federal government cannot issue these credentials.
“The federal government claims it needs this sensitive personal data so that it can verify CDL validity and conduct motor carrier safety reviews. The states carry out those functions, not the federal government,” Weiser said. “Once Colorado’s data is in FMCSA’s hands, we would lose control and oversight of confidential records. The federal government has not made any promises to keep Coloradans’ data confidential; in fact, it has said that it can disclose it to any other federal agency.”
Brad Gulick of Eaton Mobile Power Group discusses hydraulic systems that power trucks. He addresses dump pump sizing and more. Tune in above or by going to RoadSigns.ttnews.com.
His office explained that CDLIS maintains state-issued CDL data such as a driver’s name, date of birth, Social Security number, driver’s license number and the state holding the license record.
“Coloradans entrust the state with their personal data when they apply for a commercial driver’s license. The data demand is unlawful, and we’re taking action to have it overturned before the Aug. 17 deadline,” Weiser added.
If the system is stopped, states would have to cease issuing CDLs “or face the loss of hundreds of millions of dollars or more in federal highway funds. Moreover, even if states were willing to risk those penalties, they would still be operating in the dark, deprived of the database they use to check whether a given license applicant has an adverse driving record in another state,” the suit alleges.
According to AAMVA, states use CDLIS to:
- Transmit out-of-state convictions and withdrawals
- Transfer a driver’s record when the CDL holder moves to another state
- Provide a driver’s current status and history
Transportation Secretary Sean Duffy contends the state-owned CDL data is necessary for the Trump administration’s ongoing efforts to remove unqualified and dangerous truckers from American roadways.
“Every administration since 1988 has had access to this basic database, so let’s be clear on what this ridiculous lawsuit is really all about. These radical state AGs want to make it harder for my department to enforce the rules of the road and easier for dangerous illegal immigrant truck drivers to operate a big rig,” Duffy said Aug. 13. “They may not care about keeping you and your family safe, but President Trump and I do. We will fight this lawsuit tooth and nail to prevent more senseless crashes by unqualified drivers.”
The New Jersey Attorney General’s Office noted the court action accuses DOT, FMCSA and DHS of violating federal privacy laws and intending to use AAMVA records to secretly create a federal database.
“New Jersey has one of the strongest data privacy laws in the country, and we will not allow the Trump administration to illegally misuse the private information of our residents,” said Attorney General Jennifer Davenport.
