Compliance

Funding at Risk: FMCSA Warns Carriers in CA, WA, and NM Over Lax English Proficiency Oversight

With millions of dollars in federal safety funding at risk, carriers in California, Washington, and New Mexico should expect heightened inspections, stricter enforcement, and potential operational disruptions in the weeks ahead.

NEW TRAINING: English Proficiency Readiness Course is available! – CLICK HERE TO LEARN MORE or SIGN UP!

The Federal Motor Carrier Safety Administration (FMCSA) is cracking down on English Language Proficiency (ELP) enforcement, placing California, Washington, and New Mexico under heavy scrutiny.

These three states have been issued a Notice of Proposed Determination of Non-Conformity for failing to adequately enforce federal rules that require commercial drivers to speak, read, and understand English well enough to safely operate a commercial motor vehicle (CMV).

If these states do not comply within 30 days, the FMCSA is prepared to withhold all federal funding under the Motor Carrier Safety Assistance Program (MCSAP) — totaling:

California: $33 million
Washington: $10.5 million
New Mexico: $7 million

Here’s what this means for carriers operating in these states and what steps fleets should take to protect their operations.

Why the Crackdown Is Happening

The increased federal scrutiny follows a fatal crash in Florida earlier this month involving a foreign truck driver who allegedly failed to understand traffic signs and directions, resulting in three deaths.

The incident, which has gained significant political attention, highlighted gaps in how some states are enforcing ELP standards that have been in effect since June 2025.

According to FMCSA data:

California conducted more than 34,000 inspections since the new rules took effect but documented only one English proficiency violation that resulted in a driver being taken out of service.
Washington found 6,000+ safety violations during inspections but removed only four drivers for ELP violations.
New Mexico has not removed a single driver for failing to meet the language standard.

Transportation Secretary Sean Duffy made it clear: states that do not bring their enforcement efforts in line with federal requirements will lose their MCSAP funding, jeopardizing millions of dollars allocated to safety programs.

NOTE: In Pennsylvania, enforcement of the FMCSA’s English language proficiency (ELP) standards for commercial drivers began on August 25, 2025. Drivers found to be in violation of the ELP rule will be placed “Out-of-Service”. Learn more.

What This Means for Carriers

For carriers operating in these states, the combination of heightened scrutiny and potential funding cuts could have immediate operational impacts:

1. Stricter Roadside Inspections

Expect increased inspections and more thorough checks for compliance with ELP rules. Drivers may face additional questioning during stops to verify their ability to:

Read and recognize road signs
Communicate clearly with enforcement officers
Complete reports and respond to instructions in English

2. Delays and Operational Disruptions

If states lose their MCSAP funding, their ability to staff roadside enforcement and compliance programs could be disrupted. This could lead to:

Slower inspection processes due to reduced staffing
Federal personnel stepping in, potentially creating more aggressive or less flexible enforcement procedures

3. Increased Federal Oversight

A loss of state funding could shift more authority to federal enforcement officers, who may implement a stricter interpretation of ELP compliance standards, leaving carriers little room for error.

4. Compliance and Liability Risks

Carriers that fail to ensure drivers meet English proficiency requirements could face:

Out-of-service orders for drivers during inspections
Fines or penalties for repeated violations
Reputational damage or liability exposure in the event of a crash involving communication issues

Preparing Your Fleet

Carriers in California, Washington, and New Mexico should take immediate action to minimize risk:

Review Hiring Practices: Ensure all driver candidates can demonstrate the English skills required under 49 CFR § 391.11(b)(2).
Drivers: For drivers with English as a second language, enroll them in training:
English Proficiency Readiness Course
Audit Records: Keep updated documentation of driver training, safety records, and compliance programs to demonstrate diligence during audits.
Stay Informed: Monitor updates from FMCSA and your state DOT to understand changes in inspection procedures or enforcement strategies.

Industry-Wide Implications

This enforcement action signals a broader federal push for uniform compliance with safety regulations. While the immediate impact is focused on these three states, other jurisdictions could soon face similar scrutiny if federal audits reveal gaps in enforcement.

Carriers nationwide — particularly those employing drivers with limited English proficiency — should view this as a warning to review compliance systems and proactively address potential risks before they lead to costly violations or funding disputes.

Stay Ahead With CNS

Taking proactive steps now to ensure full compliance with English proficiency requirements will not only reduce risk but also position fleets to adapt quickly as federal oversight tightens.

At CNS Companies, we provide: