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New Jersey CDL school challenges FMCSA evidence in 236-page lawsuit

Start CDL Inc. filed a 236-page complaint Oct. 2 challenging FMCSA's Aug. 31 emergency removal, arguing the agency's evidence against the New Jersey truck driving school contains mismatched driver names and date discrepancies.

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Tom Whitfield
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Key points05

  • Start CDL filed a 236-page complaint Oct. 2 in U.S. District Court for the District of New Jersey against DOT, FMCSA and Administrator Derek D. Barrs
  • FMCSA's Aug. 31 notice removed Start CDL along with more than 100 training providers from the federal registry
  • The removal spreadsheet names six drivers under 'Star CDL Training LLC,' not Start CDL, and none of those six names appears in the 10 drivers covered by the inspection reports
  • Two versions of the notice exist — one naming Start CDL, another naming Punjabi School of CDL Inc. in findings on deficiencies, immediate safety necessity and willful disregard
  • Start CDL submitted an administrative-review petition and emergency-stay request Sept. 10, both unresolved when the lawsuit was filed Oct. 2

Start CDL Inc. filed a 236-page complaint Oct. 2 in U.S. District Court for the District of New Jersey asking a federal judge to reverse the Federal Motor Carrier Safety Administration's Aug. 31 emergency removal of the Cinnaminson, New Jersey truck driving school from its training registry. FMCSA pulled the school in a nationwide shutdown that swept up more than 100 training providers.

The agency's notice banned Start CDL from running entry-level driver training, enrolling new students, certifying completions or uploading credentials. FMCSA cited six drivers the agency said passed through Start CDL, then failed English-language-proficiency roadside inspections later. The notice invoked both "immediate public safety" risk and "willful disregard" of federal rules.

What's the legal fight actually about?

Start CDL's suit names the U.S. Department of Transportation, FMCSA and Administrator Derek D. Barrs. School owner Vasyl Kushnir argues a downstream violation doesn't prove the training was deficient, or that the driver was unqualified at certification. Kushnir also says a July 23 DOT inspection prompted process fixes — and found no English-proficiency problems.

The complaint runs 236 pages. It is full of holes.

Why doesn't the evidence line up?

Three mismatches show up fast.

  • The removal spreadsheet names six drivers under Star CDL Training LLC, not Start CDL. The provider identifiers differ.
  • The 10 drivers in the attached inspection reports do not overlap with the six. None of the six names appears in the 10.
  • One scanned version of the notice names Punjabi School of CDL Inc. in findings on deficiencies, immediate safety necessity and willful disregard. Another version names Start CDL. Same document, two schools.

Start CDL's exhibits include training agreements tying the school to three of the inspected drivers, but no reconciled six-driver roster with completion dates or upload records. The packet never explains how the six drivers match the 10 inspection reports.

What timeline problems sit inside the complaint itself?

The complaint and Start CDL's administrative petition say cited inspections ran between May and August 2026. The attached roadside reports instead span July 2025 through May 2026.

Driver Viacheslav Iroltuev allegedly passed the school's English assessment with 84% in February 2026, before a May 13 roadside inspection. Both attached certificate copies show a date of July 2, 2026. The packet does not say whether July 2 is an issuance date documenting an earlier assessment, or the real assessment date. No completed report backs the July 23 DOT visit Kushnir describes.

What does this change for shippers and carriers?

Short term, almost nothing. Start CDL cannot train new drivers. The case does, however, expose the chain FMCSA uses to connect a roadside English citation back to the school that certified the driver. That mechanism matters for every training provider the agency wants to shut down next.

Start CDL submitted an administrative-review petition and emergency-stay request Sept. 10. Both were unresolved when the lawsuit was filed Oct. 2. The latest docket shows no further government response or judicial ruling. FMCSA and Start CDL attorney Anton Kaminsky did not reply to comment requests by publication.

The June 2025 restoration of out-of-service treatment for English-proficiency violations gave regulators a sharper tool. It also gave defense lawyers more room to argue the link between roadside findings and training is thinner than the agency claims. Watch the docket for any order forcing FMCSA to show its work on driver-to-provider matching — and whether the agency tightens its evidentiary standard before the next wave of emergency removals.

Original: getfreightdata.com

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Tom Whitfield

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Market editor covering companies, deals and strategy in Ocean and air freight, container shipping at Waybill Wire.

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