A Mexican truck driver says that poor training of Ohio Bureau of Motor Vehicles employees led to the unnecessary expiration of his CDL, jeopardizing his livelihood.
Julio Soto is a CDL holder with a temporary green card – known as Form I-551- that is a currently accepted proof of permanent residence according to the FMCSA. However, Soto says he has tried to renew his CDL over 15 times at the Ohio BMV before it expired, but was denied by employees each time.
“They would just tell me that, ‘That’s not [good], I cannot accept that. [You] only need a specific 10-year green card’ and all the times I ask[ed], ‘Where does it say that I need a specific 10-year green card?’ They started to get a little aggressive,” Soto said to 10TV.
In an attempt to keep his CDL, he requested a formal hearing with the Ohio DPS, but he could not get one scheduled until a week after the expiration date on his CDL. Now that his CDL is officially expired, his trucking company has given him a week to sort things out, or they’ll have to let him go from his driving job.
“They are misreading, misinterpreting [these] immigration documents and a lot of people are suffering for this,” Soto said of the confusion. “Training is necessary. It’s clearly not been issued yet, so we need much better training on this issue.”
“The Ohio BMV has issued the following statement on the situation: “For a CDL application, FMCSA has directed states to require applicants to submit immigration documents that meet federal regulations, specifically 49 CFR 383.71(b)(9) and 49 CFR 383.71(a)(5) Table 1 (see below). This table, published in the federal regulations, states a permanent resident must present a ‘valid unexpired permanent resident card,’ which is an unexpired I-551. This table also provides details regarding valid documents that can be used by U.S. citizens. We have encouraged the individual referenced in the letter to provide documentation that meets the requirements detailed by FMCSA, an unexpired I-551. Presenting this documentation will allow the BMV to move forward with the application process for his specific credential. If he does not have an unexpired I-551, BMV cannot issue a CDL, per federal regulations.”
When it was explained that Soto did in fact present an unexpired I-551, the Ohio BMV did not respond. Soto now must wait 30 days for a written decision on his case.