For those who enjoy a bit of light reading from Washington, the Department of Transportation’s (DOT) Office of Inspector General (OIG) just dropped its latest page-turner — the announcement of a new audit. The announcement was made on Sept. 19.
This audit isn’t just bureaucratic paperwork.
This investigation has the state-run commercial driver’s license (CDL) programs squarely in its crosshairs, and it could change the landscape of licensing and enforcement for every driver and carrier on the road.
At its core, the OIG is asking a simple question: Is the FMCSA making sure that states are following the rules? The answer, it seems, is worth a full-scale federal audit.
The stimulus for this deep dive is as serious as it gets.
The OIG’s announcement leads with a statistic that should give everyone pause — 4,909 people died in crashes involving large trucks and buses in 2024.
But the audit was also kicked into high gear by a single tragic incident that served as Exhibit A for the prosecution. The case involved a fatal crash in Florida and a driver who held CDLs from both Washington and California. After the crash, he failed English proficiency tests, correctly answering just two verbal questions and identifying only one of four road signs.
If this story of inconsistent standards sounds familiar, it should. Federal watchdogs first flagged similar issues back in 2002, an era when flip phones were cutting-edge technology.
The audit back then found that state controls were not sufficient “to defend against the alarming threat posed by individuals who seek to fraudulently obtain CDLs.” Two decades later, it appears the feds are concerned we’re still dealing with the same problem — just with smartphones in our pockets.
The English Language Proficiency (ELP) requirement has become a particular point of contention.
The DOT recently threatened to withhold highway funds from California, Washington and New Mexico for failing to enforce the standard. The evidence was telling: In a two-month span, California conducted roughly 34,000 inspections but reported only one ELP violation that took a driver out of service.
That’s not a typo. Just ONE.
This audit aims to address the fundamental question of whether we have a single national CDL standard or 50 different programs. Auditors won’t just be reviewing paperwork in D.C.; they plan to visit state facilities to see how the rules are being applied (or ignored) on the ground.
So, what does this mean for the driver in the cab?
First, expect testing to become more uniform and likely more rigorous. The days of a driver being able to “shop around” for a state with an easier test may be coming to a close.
Second, enforcement of all standards — especially English proficiency — is about to get serious. A roadside inspection could involve a much closer look at a driver’s ability to communicate and understand commands and signs, just as the regulations require.
And what about the carrier at the desk?
In the short term, it means an even greater need for diligence in hiring. You can no longer assume a CDL from another state meets the same bar as one from your own.
But in the long term, this could be good news.
A standardized system means a more reliably qualified pool of drivers to hire from. It could eventually lower risk, reduce accidents and create a more predictable compliance environment for companies that operate across state lines.
The final report from the OIG is still months away. But in the legal world, we know you don’t wait for the verdict to prepare your case. This audit is a clear warning shot.
The federal government has signaled that the status quo is no longer acceptable. The push for a truly national, consistently enforced CDL standard is underway, and the entire industry should be prepared for the changes to come.
The contents of this article are intended to convey general information only and not to provide legal advice or opinions. The contents of this article should not be construed as and should not be relied upon for legal advice in any particular circumstance or fact situation. The information presented on this website may not reflect the most current legal developments. No action should be taken in reliance on the information contained in this article, and we disclaim all liability in respect to actions taken or not taken based on any or all of the contents of this site to the fullest extent permitted by law. An attorney should be contacted for advice on specific legal issues.
Brad Klepper is a regular contributor to The Trucker, providing valuable information for drivers and motor carriers. He is also president of Interstate Trucker Ltd., a law firm entirely dedicated to legal defense of the nation’s commercial drivers. Brad is also president of Driver’s Legal Plan, which allows member drivers access to his firm’s services at discounted rates.
