In a move signaling a crackdown on states not adhering to federal regulations, U.S. Transportation Secretary Sean P. Duffy has threatened to strip California, Washington, and New Mexico of federal funds if they fail to properly enforce English Language Proficiency (ELP) requirements for commercial drivers, as detailed in a statement from the Department of Transportation.
The stern announcement comes in the wake of a dire safety warning linked to a tragic accident in Florida, with Secretary Duffy asserting, "States don’t get to pick and choose which federal safety rules to follow," and underlining the imperative to prevent further calamities on the roads due to unenforced laws—that the well-being of the driving public is endangered when states shirk legal enforcement, particularly regarding the qualifications of those operating heavy commercial vehicles.
Findings of an investigation by the Federal Motor Carrier Safety Administration highlighted a worrying trend of noncompliance among the three states, with California showing a dismal record where only one out of approximately 34,000 inspections resulted in a driver being placed out-of-service for ELP violations, additionally the California Highway Patrol has stated outright that it will not adhere to this federal regulation, raising the stakes in this emerging conflict.
Similarly, Washington and New Mexico are on notice for lax enforcement practices, despite having adopted the ELP rules; for instance, Washington, in the frame of roughly two months, managed only four ELP-related out-of-service orders out of more than 6,000 recorded inspections and New Mexico has not made a single driver out-of-service for failing to meet the ELP standards, allowing drivers previously cited in other states to continue driving, these lapses are sowing seeds of discord between state practices and federal safety expectations.
Along with the enforcement measures, Secretary Duffy is pushing forward a comprehensive audit of non-domiciled commercial driver’s license issuance as part of a broader strategy to solidify safety and restore order within the trucking industry, according to the Department’s press release.
The ultimatum issued to the states begins a formal process wherein California, Washington, and New Mexico have a 30-day window to demonstrate compliance or face suspension of funding through the Motor Carrier Safety Assistance Program, which could result in the loss of millions in federal funds integral to their transportation infrastructures.
