WASHINGTON — U.S. Transportation Secretary Sean P. Duffy is accusing three states of failing to adopt and enforce English Language Proficiency (ELP) requirements for commercial drivers and is threatening to cut off federal funding if they don’t comply or enforce ELP regulations.
Duffy threatened that if California, New Mexico, and Washington do not comply within 30 days that the U.S. Department of Transportation (USDOT) will withhold up to 100% of funding from the Motor Carrier Safety Assistance Program (MCSAP).
“States don’t get to pick and choose which federal safety rules to follow,” Duffy said. “As we saw with the horrific Florida crash that killed three, when states fail to enforce the law, they put the driving public in danger. Under President Trump’s leadership, we are taking aggressive action to close these safety gaps, hold states accountable, and make sure every commercial driver on the road is qualified to operate a 40-ton vehicle.”
Significant Failures for ELP Enforcement by 3 States
According to an USDOT release, an investigation by the Federal Motor Carrier Safety Administration (FMCSA) “found significant failures” by California, Washington and New Mexico to properly place drivers out-of-service for ELP violations.
“In addition to the data, California Highway Patrol has also publicly stated it has no intention of following this important federal regulation,” USDOT said. “These actions also come as Secretary Duffy advances its nationwide audit of non-domiciled commercial driver’s license (CDL) issuance – part of a broader effort to enhance safety on America’s roads and restore order to the trucking industry.”
An investigation by FMCSA “found significant failures by all three states to follow federal guidelines to properly place drivers out-of-service for ELP violations from June 25 to Aug. 21.”
The accusations include that California allegedly failed to adopt and enforce compatible ELP laws and regulations. Washington and New Mexico has adopted the ELP regulation but are failing to enforce it, according to the release.
Small Business in Transportation Coalition
The Small Business in Transportation Coalition (SBTC) quickly voiced support for Duffy’s threat.
“SBTC applauds this announcement and these actions, which are meant to make America’s Roads Safe Again,” said. James Lamb, SBTC executive director. “We assume Phase Two would entail decertification and/or the attached RICO Investigation we have requested.”
That request went to US Attorney General Pam Bondi, and sought to have the state of California’s Department of Motor Vehicles investigated under RICO statutes after the arrest in Florida of truck driver Harjinder Singh, who allegedly killed three people on the Florida Turnpike after making an illegal U-turn.
Lamb said in the letter to Bondi:
“It is SBTC’s position that there is Federal criminal liability here in that California state officials are knowingly and intentionally enabling the violation of Combined Federal Regulation (CFR) which states: Prior to obtaining a CDL, a person must meet all of the following requirements: (9) The person must provide proof of citizenship or lawful permanent residency as specified in Table 1 of this section, or be registered under paragraph (f) of this section.”
“We believe this is worthy of a RICO probe as a matter of defrauding the Federal government each time the state issues a CDL to an illegal alien since the state gets federal funding under the CDL program,” Lamb said.
American Trucking Associations
The American Trucking Associations also issued a statement in support of Duffy’s announcement a day after Florida’s Attorney General called for the complete suspension of California and Washington’s CDL programs.
“Secretary Duffy’s announcement today is a necessary and welcome step toward ensuring safety and accountability on our nation’s highways,” said Chris Spear, ATA president, CEO. “Federal English Language Proficiency requirements exist for a reason: every commercial driver operating in the United States must be able to read road signs, communicate with law enforcement, and understand safety instructions. When states fail to enforce these standards, they put lives at risk.
According to the ATA, the vast majority of professional drivers meet these requirements and take pride in their responsibility to keep America moving safely, but allowing bad actors to bypass the law undermines that commitment and threatens the credibility of the entire system.”
“ATA has long supported strict enforcement of English proficiency standards, along with the broader regulatory framework that keeps our roads safe and fair,” Spear said. “We commend the Trump Administration for holding states accountable, and we urge swift, consistent action to close these dangerous loopholes. Safety must never be optional.”
Owner-Operator Independent Drivers Association
“OOIDA strongly supports Secretary Duffy’s action to enforce long-standing English proficiency requirements for commercial drivers,” said Todd Spencer, OOIDA president. “Basic English skills are critical for safely operating a commercial motor vehicle—reading road signs, following emergency instructions, and communicating with law enforcement are not optional. The fatal crash in Florida this month tragically illustrates what’s at stake. Road signs save lives, but only when they’re understood. Operating an 80,000-pound vehicle without being able to read road signs isn’t just dangerous, it’s completely unacceptable. We join USDOT in calling on California, New Mexico, Washington and all other states to enforce English Language Proficiency requirements as an out-of-service violation. This is common sense and it protects everyone on the road.”
Bruce Guthrie is an award-winning journalist who has lived in three states including Arkansas, Missouri and Georgia. During his nearly 20-year career, Bruce has served as managing editor and sports editor for numerous publications. He and his wife, Dana, who is also a journalist, are based in Carrollton, Georgia.
Duffy:
What percentage of immigrants that can’t read or write english, have a CDL?
What percentage of immigrants that can’t read or write english, have a normal DL?
Now, tell me why, when you were interviewed on TV, didn’t you bring up the fact, that there are a lot of immigrants that can’t read or write english with normal DL’s, that probably cause more traffic accidents involving semi’s, than the other way around? Yet you just stood there, and let the news paint a bad picture of the trucking industry. How about trying to do some research, and find out how many accidents are caused by the first group, the CDL’s as apposed to the normal DL’s.
What about Oregon and other blue states that are not following the law?
This law needs to be for everyone, not just CDL. The DMV needs to have test in English only in every state.