Transportation Secretary Sean Duffy pulled over $40 million in federal funding from California on Wednesday, saying the state is not complying with national English language proficiency requirements for truck drivers.
The move is part of a push by the Trump administration’s Transportation Department to crack down on ELP truck driver regulations.
DOT TO WITHHOLD OVER $40M FROM CALIFORNIA FOR FAILING TO ENFORCE TRUCKER LANGUAGE STANDARDS
Following a fatal crash on the Florida turnpike in which the semi-truck driver, Harjinder Singh, was not proficient in English, the DOT launched an investigation into the incident, the company that employed the driver, and the states, including California, that gave him a commercial license. It found that California issued a “term-limited/non-domiciled” commercial driver’s license to Singh.
“I put states on notice this summer: enforce the Trump Administration’s English language requirements or the checks stop coming. California is the only state in the nation that refuses to ensure big rig drivers can read our road signs and communicate with law enforcement,” Duffy said in a statement.
However, legal officials for the state of California assert that the state is in compliance with federal trucking laws. California officials also maintain that the state issued Singh the license legally, as he had a federal work permit issued in 2021, according to the Fresno Bee.
What federal law does DOT say California is violating?
The DOT says California is in violation of Federal Motor Carrier Safety Administration regulations and has determined the state “has not adopted a compatible law, regulation, standard, or order to implement the English language standard in 49 CFR § 391.11(b)(2).” The regulation that the FMSCA says California is in violation of is part of the language qualifications for commercial drivers.
“Can read and speak the English language sufficiently to converse with the general public, to understand highway traffic signs and signals in the English language, to respond to official inquiries, and to make entries on reports and records,” the regulation reads.
The DOT said that in order for California to receive its withheld federal funding back, the state “must adopt and actively enforce” a state law compatible with the above regulation. The DOT press release emphasized that roadside inspections of commercial drivers must include an ELP exam, and those who fail it must be placed out of service.
The August investigation also contained findings on the failure to enforce ELP regulations in New Mexico and Washington; however, the DOT says that those two states have adopted the Trump administration’s ELP guidelines, while California has not.
Duffy had issued a warning to the three states in late August.
What is California’s response?
Diana Crofts-Pelayo, a spokeswoman for Gov. Gavin Newsom’s (D-CA) office, pushed back on DOT’s decision to pull the funds in a statement to the Washington Examiner on Wednesday.
“Sounds like the federal Secretary of Transportation needs a lesson on his own road rules. The facts are plain and simple — California commercial driver’s license holders had a fatal crash rate nearly 40% LOWER than the national average,” Crofts-Pelayo said. “Facts don’t lie, but the Trump administration sure does.”
In a late September letter, obtained by the Washington Examiner, General Counsel for the California State Transportation Agency Alicia Fowler argued to FMSCA’s chief counsel that the state fully complies with federal laws. “California’s laws, regulations, standards, and orders are either identical to or have the same effect as the federal safety requirements—including the English language proficiency requirement,” Fowler wrote.
She said California is compliant with federal code regulations on the requirements for obtaining a commercial driver’s license and pointed to state laws surrounding ELP requirements.
“Ultimately, California law is unambiguous: ‘[The DMV] shall not issue a driver’s license to, or renew a driver’s license of, any person: … Who is unable to read and understand English used in highway traffic and directional signs.’ Cal. Veh. Code § 12805(a)(5). Thus, California incorporates and enforces an English language proficiency requirement by incorporating it into its testing and licensure process,” Fowler wrote.
Fowler also said California “has adopted the April 1, 2024 version of the Commercial Vehicle Safety Alliance’s out-of-service criteria in its entirety, consistent with the federal regulations.” She also argued that the state is “appropriately implementing” its statewide plan for commercial vehicle safety.
Over $40 million in federal funds pulled
Duffy pulled $40,685,225 in funds from California and said the state’s noncompliance with ELP standards is “a fundamental safety issue.”
The funds were allocated in grants from the Motor Carrier Safety Assistance Program, which supports states’ efforts to carry out roadside inspections, enforce traffic, conduct safety audits of trucking companies, and carry out public education campaigns with federal dollars, according to DOT.
