Transportation Secretary Sean Duffy on Wednesday said Federal Motor Carrier Safety Administration (FMCSA) will withhold more than $40 million from California after an investigation that found the state failed to comply with DOT's English Language Proficiency (ELP) standards.
In July, California Highway Patrol stated it had no intention of following ELP regulations. DOT in August warned that California was among the states in danger of losing federal funds if they failed to adopt and enforce ELP requirements for commercial motor vehicle drivers.
“I put states on notice this summer: enforce the Trump Administration’s English language requirements or the checks stop coming, said Duffy. "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. This is a fundamental safety issue that impacts you and your family on America’s road."
Reporting from CCJ sister publication Overdrive shows that in the two months following the June 25 return of English proficiency violations to the CVSA's out of service criteria, the number of violations in California decreased by 35%. California was one of almost 20 states that saw ELP violations decline.
FMCSA is withholding $40,685,225 from Motor Carrier Safety Assistance Program (MCSAP) funding from California. MCSAP provides grant funding for states to conduct roadside inspections, traffic enforcement, safety audits of trucking companies, and public education campaigns.
“Let me be clear – this is valuable money that should be going to the great men and women in California law enforcement, who we support. Gov. Newsom’s insistence on obstructing federal law has tied my hands,” Duffy added.
To have funding restored, DOT said California must "adopt and actively enforce a law, regulation, standard, or order that is compatible with the federal ELP requirement for commercial drivers." In short: state inspectors need to begin conducting ELP assessments during roadside inspections and place those who fail out-of-service.
DOT is currently performing an audit of non-domiciled commercial driver’s license (CDL) issuance nationwide.
How states are eligible for funding
To remain eligible for MCSAP funding, states must adopt and enforce laws, regulations, standards, and orders on commercial motor vehicle (CMV) safety that are compatible with the Federal Motor Carrier Safety Regulations (FMCSRs) in 49 CFR parts 390, 391, 392, 393, 395, 396, and 397. 49 CFR § 391.11(b)(2) states, a person is qualified to drive a motor vehicle if he/she, “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.” FMCSA has determined that California has not adopted a compatible law, regulation, standard, or order to implement the English language standard in 49 CFR § 391.11(b)(2). Therefore, pursuant to 49 CFR § 350.231, FMCSA is withdrawing approval of California’s FY24 and FY25 Commercial Vehicle Safety Plan effective October 15, 2025. Therefore, no expenses incurred after October 15, 2025, and vouchered for reimbursement from FY24 or FY25 MCSAP funding will be approved and paid.