Freight Pulse & Law Update: CDL Data Fight, Driver Enforcement and Port Fee Rules

Three active developments require immediate attention from carriers, brokers, shippers, and logistics providers: a coalition lawsuit over bulk CDL data access, FMCSA’s proposed English-language enforcement rule, and a D.C. Circuit decision limiting detention fees during port closures.

What is happening with the CDL data lawsuit?

A coalition of 22 states and the District of Columbia is challenging parallel FMCSA and DHS efforts to obtain bulk access to roughly 17 million CDL records. The requested data reportedly includes names, birth dates, license numbers, states of record, and Social Security numbers.

The legal dispute is ongoing. The states argue that the demands exceed federal authority and threaten driver privacy; federal agencies cite highway safety and enforcement against fraudulent or improperly issued licenses. The courts have not resolved the underlying dispute.

Key facts:

• The requests cover records reaching back five years.

• The litigation seeks to block the transfers while the courts review their legality.

• Do not treat the lawsuit as a final ruling or settled policy.

How could FMCSA’s English-proficiency proposal affect operations?

FMCSA is proposing to codify failure to meet existing English-language requirements as an out-of-service violation. Public comments remain open through October 9, 2026. FreightWaves reports that enforcement has already sidelined approximately 26,000 drivers, creating potential capacity and scheduling impacts.

What should freight teams do now?

• Verify driver qualification files and document English-proficiency assessments.

• Monitor comment deadlines, court developments, and DOT brake-check inspections and safety blitzes.

• Document port closures, gate restrictions, appointment failures, and cargo availability.

• Retain detention, demurrage, accessorial, and communication evidence.

What did the Evergreen decision clarify?

In Evergreen Shipping Agency (America) Corp. v. FMC, the D.C. Circuit upheld the FMC’s position that detention fees must promote freight fluidity. Charges during a port closure may be unreasonable when customers cannot return equipment and the fees do not change behavior or reflect documented costs.

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