USDOT threatens to withhold federal funding from California, Washington & New Mexico for ELP enforcement non-compliance

In a bold move underscoring the Trump administration's commitment to enhancing trucking safety and enforcing federal regulations, U.S. Transportation Secretary Sean P. Duffy has issued a stern warning to three states: California, Washington, and New Mexico. On August 26, 2025, the U.S. Department of Transportation (USDOT) announced that these states risk losing millions in federal funding unless they immediately align with English Language Proficiency (ELP) requirements for commercial motor vehicle drivers. This directive highlights critical gaps in commercial driver's license (CDL) enforcement, particularly concerning non-domiciled drivers and overall road safety in the trucking industry.

The announcement comes amid growing concerns over matters of driver qualification following highly-publicized accidents like those in Florida and Texas. For trucking companies, motor carriers, and drivers nationwide, this development signals a heightened focus on compliance with FMCSA driver qualification rules, including English proficiency for regulated drivers. According to USDOT, failure to enforce these standards not only jeopardizes public safety but also exposes states to severe financial penalties through the Motor Carrier Safety Assistance Program (MCSAP). This development also comes on the heels of Secretary of State Marco Rubio's recent announcement of a pause in the issuance of all work visas to commercial drivers.

At the heart of Secretary Duffy's message is the insistence that states cannot selectively ignore federal safety rules. "States don’t get to pick and choose which federal safety rules to follow," Duffy stated emphatically in the press release. He further emphasized the real-world dangers, referencing the tragic Florida crash that claimed three lives, attributing such incidents to lax enforcement of English language requirements for truck drivers. Under President Trump's leadership, the USDOT is ramping up efforts to close these safety loopholes, ensuring that every driver operating large trucks and buses meets stringent qualifications.

The Federal Motor Carrier Safety Administration (FMCSA), a key agency under USDOT, conducted an in-depth investigation from June 25, 2025, to August 21, 2025, uncovering significant noncompliance in the targeted states. As a result, each state received a Notice of Proposed Determination of Nonconformity, kickstarting a 30-day window for corrective action. If unresolved, up to 100% of MCSAP funding—essential for state-level trucking enforcement programs—could be withheld. This funding supports roadside inspections, safety audits, and other initiatives critical to maintaining commercial motor vehicle safety standards.

For the trucking sector, ELP is not just a bureaucratic hurdle; it's a foundational element of qualification requirements designed to ensure drivers can communicate effectively with law enforcement, understand road signs, and navigate emergency situations. Non-compliance in this area has long been a point of political contention, especially for non-domiciled CDL holders—drivers who obtain licenses in the U.S. but reside elsewhere. As we've explored in our previous coverage, the spotlight on non-domiciled CDLs reveals vulnerabilities in the system that can lead to unqualified individuals behind the wheel of heavy-duty trucks (read more in our in-depth article: Spotlight on Non-Domiciled CDLs).

The USDOT's findings paint a concerning picture of how California, Washington, and New Mexico have fallen short in upholding federal ELP standards for commercial driver's licenses. Starting with California, the nation's largest hub for trucking operations and logistics, the state has failed to adopt and enforce compatible ELP laws and regulations. Out of approximately 34,000 roadside inspections involving at least one violation, only a single instance resulted in a driver being placed out-of-service due to an ELP infraction. Alarmingly, at least 23 drivers who had been cited for ELP violations in other states were later inspected in California without any further enforcement action. That said, this also highlights a persistent issue with heightened ELP enforcement, which is its subjectivity and what exactly it takes for a driver to be placed back in service once sidelined for ELP.

In Washington, home to major ports and cross-border trucking routes, the state has adopted the ELP regulation but failed to consistently enforce it. Among over 6,000 inspections with violations, merely four led to out-of-service orders for ELP issues, and two additional cases resulted in citations without the mandatory OOS placement. Furthermore, at least four drivers with prior ELP violations elsewhere escaped scrutiny in Washington.

New Mexico, a key corridor for interstate trucking along I-40 and I-25, presents another troubling case. While the state has adopted the ELP rule, it reported zero drivers placed out-of-service for ELP violations since the start of enhanced enforcement in late June, allowing at least seven unqualified individuals to continue operating commercial vehicles, according to USDOT. It also reportedly allowed the driver involved in the Florida U-turn accident to continue operating following a roadside inspection despite claims by USDOT that he was not proficient in English.

These state-level shortcomings echo broader issues in FMCSA enforcement policies on English proficiency, which we've previously analyzed in detail (see our article: FMCSA Issues Enforcement Policy on English Proficiency). The policy aims to standardize how states handle ELP assessments during CDL testing and inspections, ensuring uniformity across the U.S. trucking network.

Secretary Duffy's actions are also part of a larger pro-trucker agenda unveiled in recent months. In May 2025, he signed an order introducing new guidance to bolster ELP enforcement for truckers, followed by a comprehensive package in June 2025 that includes pilot programs and regulatory updates to improve the lives of commercial drivers. Additionally, a nationwide audit of non-domiciled CDL issuance is underway, aiming to root out fraud and ensure that all CDL holders, regardless of domicile, meet English proficiency and other qualification standards.

For trucking companies, this directive means intensified scrutiny during compliance reviews and audits. Motor carriers must verify that their drivers possess valid licenses and are proficient in English, especially for fleets operating across state lines. At Trucksafe, we offer several tools to help fleets accomplish this. Non-domiciled drivers, often involved in long-haul trucking, face potential barriers if states tighten enforcement, which could impact hiring practices and supply chain efficiency. However, proponents argue that stricter adherence to FMCSA regulations will reduce accidents, lower insurance premiums, and enhance overall trucking industry standards.

In sum, Secretary Duffy's directive marks an important development in USDOT's approach to driver qualification issues. As California, Washington, and New Mexico scramble to comply, the ripple effects could reshape CDL standards, non-domiciled driver policies, and overall commercial motor vehicle operations. Stay tuned to Trucksafe for more updates on these issues.

About Trucksafe Consulting, LLC: Trucksafe Consulting is a full-service DOT regulatory compliance consulting and training service. We help carriers develop, implement, and improve their safety programs, through personalized services, industry-leading training, and a library of educational content. Trucksafe also hosts a livestream podcast on its various social media channels called Trucksafe LIVE! to discuss hot-button issues impacting highway transportation. Trucksafe is owned and operated by Brandon Wiseman and Jerad Childress, transportation attorneys who've assisted some of the nation’s leading fleets to develop and maintain cutting-edge safety programs. You can learn more about Trucksafe online at www.trucksafe.com and by following Trucksafe on LinkedIn, Facebook, Twitter, and YouTube. Or subscribe to Trucksafe's newsletter for the latest highway transportation news & analysis. Also, be sure to check out eRegs, the first app-based digital version of the federal safety regulations aimed at helping carriers and drivers better understand and comply with the regulations.