3 states could lose cash over English rules for truck drivers
Daily News Article — Posted on September 5, 2025
NOTE: There are approximately 3.6 million truck drivers in the United States, encompassing both employee and self-employed drivers, according to the American Trucking Associations (ATA) as of late 2024. CBS News reported on Aug. 26 that foreign born drivers make up almost 20% of that number (approximately 720,000).
(by Associated Press at CBS News) – California, Washington and New Mexico could lose millions of dollars of federal funding if they continue failing to enforce English language requirements for truckers, Transportation Secretary Sean Duffy said Tuesday (August 26).
An investigation launched after a deadly Florida crash involving a foreign truck driver who made an illegal U-turn on Aug. 12 found what Duffy called significant failures in the way all three states are enforcing rules that took effect in June [see “Background” below]. He said the department was also already reviewing how states were enforcing the rules before the crash.
Truckers are supposed to be [taken out of service] if they can’t demonstrate English proficiency … Duffy said Tuesday that it is a safety issue…because truckers need to understand road signs and be able to communicate with law enforcement about what they are hauling if they are pulled over or what happened if there is an accident.
“This is about keeping people safe on the road. Your families, your kids, your spouses, your loved ones, your friends. We all use the roadway, and we need to make sure that those who are driving big rigs — semis — can understand the road signs, that they’ve been well trained,” Duffy said.
The Transportation Department said California has conducted roughly 34,000 inspections that found at least one violation since the new language standards took effect requiring truck drivers be able to recognize and read road signs and communicate with authorities in English. But only one inspection involved an English language rules violation that resulted in a driver being taken out of service. And 23 drivers with [ELP out-of-service] violations in other states were allowed to continue driving after inspections in California.
Secretary Duffy cited similar statistics for the other states with Washington finding more than 6,000 violations of safety rules during inspections, but only pulling four drivers out of service for English language violations. New Mexico [allowed at least seven unqualified drivers already found unable to meet ELP standards to keep driving] and has not placed any drivers out of service since the rules took effect.
Duffy said the states will lose money from the Motor Carrier Safety Assistance Program if they don’t comply with the rules within 30 days. Duffy said California could lose $33 million, Washington could lose $10.5 million and New Mexico could lose $7 million.
California Gov. Gavin Newsom’s press office said on X that the Trump administration is just trying to deflect responsibility for the crash. The other two states did not immediately respond Tuesday. …
Three people were killed when truck driver Harjinder Singh made an illegal U-turn on a highway, according to Florida’s Highway Patrol. He is being held without bond after being charged with three state counts of vehicular homicide and immigration violations.
A nearby minivan slammed into Singh’s trailer as he made the turn on a highway about 50 miles north of West Palm Beach. Singh and his passenger were not injured. …
The head of the Owner-Operator Independent Drivers Association trade group that represents small-business truck drivers praised Duffy’s announcement.
“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,” the group’s president, Todd Spencer, said.
Singh, [an Indian national, entered the U.S. illegally through Mexico in 2018]. Duffy said he should not have been granted commercial driver’s licenses by Washington and California. He said New Mexico should have pulled Singh off the road for not speaking English after he was pulled over in July, because he later failed a test given by DOT investigators after the Florida crash.
California is one of 19 states, in addition to the District of Columbia, that issues licenses regardless of immigration status [this report is unclear if the 19 states issue commercial drivers licenses for big rigs to illegals]. Supporters say that lets people work, visit doctors and travel safely.
Governor Newsom’s office …[and] Homeland Security officials disputed [whether California knew Singh was an illegal immigrant and/or whether he had been issued a work permit by DHS]. …
[Florida] Gov. Ron DeSantis said Tuesday that Singh should have never received a commercial driver’s license.“You’re not allowed to issue a CDL to somebody who is not in this country legally. You’re not allowed to issue a CDL to somebody who is not capable of understanding traffic signs,” DeSantis said, calling the crash an “avoidable tragedy.”
From an Associated Press report published at CBS News on August 26. Reprinted here for educational purposes only. May not be reproduced on other websites without permission.
The Two-Step English Proficiency Screening Process:
If the inspector’s initial interaction with a commercial driver suggests that the driver may not understand the given instructions, the inspector should proceed with an English Language Proficiency (ELP) assessment.
- First, inspectors conduct a conversational interview in English (no interpreters or translation tools allowed). This is not a fluency assessment.
- If passed, the driver is then tested on reading and interpreting standard U.S. traffic signs.
Failing either step can result in citation and immediate out-of-service status.
Questions
NOTE TO STUDENTS: Before answering the questions, read the “Background” and watch the videos under “Resources” below.
1. a) In what year did a federal rule require commercial drivers to speak and read English proficiently take effect?
b) Which president changed this requirement? How did he change the rule?
c) Why do you think he changed this requirement?
2. For what reason did President Trump reinstate the English proficiency requirement for truckers?
3. Name the three states that could lose some DOT funding. For what reason are the states in jeopardy of losing this funding?
4. What is supposed to happen to truckers who cannot demonstrate English proficiency?
5. How much time is Transportation Secretary Sean Duffy giving states to comply with the English proficiency requirement?
6. a) What do you think? Should drivers be proficient in English (to be able to read and understand road signs, emergency signs, traffic laws etc.) in order to obtain a commercial truck drivers license? Explain your answer.
b) Should illegal immigrants be given commercial drivers licenses? Explain your answer.
c) Ask a parent the same questions.
Background
The FMCSA, or Federal Motor Carrier Safety Administration, is a U.S. Department of Transportation (DOT) agency that develops and enforces safety regulations for commercial trucks and buses to reduce crashes, injuries, and fatalities. It establishes federal standards for commercial drivers, carriers, and vehicles, including requirements for driver licensing, vehicle maintenance, and hours of service, aiming to ensure a safer transportation system for all.
What is the difference between the DOT and the FMCSA?
The DOT (U.S. Department of Transportation) is the parent agency, while the FMCSA (Federal Motor Carrier Safety Administration) is a separate administration within the DOT that focuses specifically on the safety of commercial motor vehicles, such as trucks and buses. The FMCSA handles the regulations, safety oversight, and enforcement for interstate and some intrastate commercial trucking and busing, while the broader DOT oversees all modes of transportation in the U.S.
For how long have commercial truck drivers in the U.S. been required to be proficient in English?
- In 2016, under the Obama administration, the Federal Motor Carrier Safety Administration (FMCSA) issued guidance that eased enforcement of its long-standing English proficiency rules for commercial vehicle drivers (which had been in place for almost 80 years).
- The original rule, in place since 1937, requires commercial drivers to speak and read English well enough to converse with the public, understand traffic signs, and respond to official inquiries.
- The Obama administration's 2016 policy instructed inspectors to issue only citations or warnings for English-language violations, rather than immediately placing drivers out-of-service, a move that softened the penalty for non-compliance.
- This directive was rescinded in 2025 by Transportation Secretary Sean P. Duffy under President Donald Trump. As a result, the FMCSA now enforces the English proficiency rule with immediate out-of-service orders for non-compliant drivers. (from Google AI Overview)
On April 28, 2025, President Trump issued Executive Order 14286, “Enforcing Commonsense Rules of the Road for America’s Truck Drivers,” which aims to strengthen English language proficiency enforcement for commercial truck drivers to improve safety. The president called upon FMCSA to rescind the Obama administration's 2016 guidance document and issue new enforcement guidance to FMCSA personnel, outlining inspection procedures necessary to ensure compliance with the requirements of 49 CFR § 391.11(b)(2)
An investigation by the Federal Motor Carrier Safety Administration found significant failures by all three states to follow federal guidelines to properly place drivers out-of-service for English Language Proficiency (ELP) violations. From June 25 to August 21:
- California – California has failed to adopt and enforce compatible ELP laws and regulations. From June 25, 2025 through August 21, 2025, of the roughly 34,000 inspections resulting in at least one reported violation, only one inspection involved an ELP violation resulting in a driver being placed out of service. Notably, at least 23 drivers with documented ELP out-of-service violations in other states were later inspected in California – yet the state failed to honor those violations or enforce ELP, allowing unqualified drivers to continue operating on our roads.
- Washington – Washington has adopted the ELP regulation but is failing to enforce it. From June 25, 2025 through August 21, 2025, of the more than 6,000 inspections resulting in at least one reported violation, only four inspections involved an ELP violation resulting in a driver being placed out of service. Moreover, two inspections resulted in ELP citations but the driver was not placed out-of-service—contrary to Federal requirements. In addition, at least 4 drivers with documented ELP out-of-service violations in other states were later inspected in Washington – yet the state failed to honor those violations or enforce ELP, undermining federal safety standards and leaving dangerous gaps in enforcement.
- New Mexico – New Mexico has adopted the ELP regulation but is failing to enforce it. From June 25, 2025 through August 21, 2025 the state reported placing zero drivers out-of-service for ELP violations and allowed at least seven unqualified drivers already found unable to meet ELP standards to keep driving and endangering the lives of others. (from USDOT)