U.S. Transportation Secretary Sean Duffy announced on August 26 that California, Washington, and New Mexico must adopt and enforce English Language Proficiency (ELP) requirements for professional drivers.

If these states do not do so, Duffy warned, they risk losing millions of dollars in federal funding.

During a press conference, Duffy said the three states have 30 days to come into compliance before the Department will withhold up to 100% of funding from the Motor Carrier Safety Assistance Program (MCSAP).

“Significant” Enforcement Failures

“States don’t get to pick and choose which federal safety rules to follow,” Duffy told reporters. “As we saw with the horrific Florida crash that killed three, when states fail to enforce the law, they put the driving public in danger. Under President Trump’s leadership, we are taking aggressive action to close these safety gaps, hold states accountable, and make sure every commercial driver on the road is qualified to operate a 40-ton vehicle.”

An investigation by the Federal Motor Carrier Safety Administration found significant failures by California, Washington, and New Mexico to properly place drivers out-of-service for ELP violations. 

In addition to the data, California Highway Patrol has also publicly stated it has no intention of following this important federal regulation.

These actions also come as Secretary Duffy advances its nationwide audit of non-domiciled commercial driver’s license (CDL) issuance – part of a broader effort to enhance safety on America’s roads and restore order to the trucking industry, according the the U.S. Department of Transportation Press Office.

On Aug. 26, California, Washington, and New Mexico received Notices of Proposed Determination of Nonconformity.

These notices open a formal process that would result in the suspension of millions of dollars in federal funds through the Motor Carrier Safety Assistance Program if the states do not demonstrate full compliance with federal English Language Proficiency standards. 

What are the DOT's Allegations About ELP Standards?

According to Duffy, 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 ELP violations. 

Duffy alleged that from June 25 to August 21:

• 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 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 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.