2 More States Respond to FMCSA’s ELP Mandate
New Mexico Now in Compliance; Washington Taking Necessary Steps
Key Takeaways:
- New Mexico regained federal Motor Carrier Safety Assistance Program funding after the Federal Motor Carrier Safety Administration confirmed the state is now enforcing English-language proficiency rules for commercial drivers.
- Washington remains under review after submitting new enforcement measures and training programs, with 30 days to demonstrate compliance or risk losing $10 million in federal grants.
- California will lose its $40 million annual grant after refusing to meet the same federal English-language proficiency requirements, according to the Transportation Department.
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One more state singled out by Transportation Secretary Sean Duffy for lax English-language proficiency (ELP) enforcement has brought itself into compliance, while a second is on the clock to meet the chief regulator’s demands.
For both states — New Mexico and Washington — release of Federal Motor Carrier Safety Assistance Program funds is at stake. Those two states and California were warned Aug. 26 by Duffy to enforce Federal Motor Carrier Safety Administration ELP regulations or face withholding of up to 100% of the funds.
New Mexico
FMCSA Chief Counsel Jesse Elison in an Oct. 20 letter to New Mexico Gov. Michelle Lujan Grisham confirmed that the state has acted to enforce ELP and is now “in substantial compliance” with federal regulations. As a result, FMCSA will release federal Motor Carrier Safety Assistance Program funds that Duffy had threatened to withhold for noncompliance with ELP rules.
“New Mexico acknowledged its responsibility to enforce the ELP requirement of CMV drivers operating in New Mexico and described its immediate corrective action,” .
Specifically, he said New Mexico had since Sept. 4:
- Created an ELP checklist for statewide use
- Held in-person ELP training for 130 certified officers and civilian inspectors
- Implemented ELP violations into its Intelligence-Led Policing dashboard to reinforce oversight
- Issued 298 ELP violations
“New Mexico’s actions not only further the safety of its own roadways but also the longstanding cooperative framework that underpins the national framework of advancing commercial vehicle safety,” Elison concluded.
Washington
Elison struck a conciliatory tone in a separate Oct. 20 letter to Washington Gov. Bob Ferguson, noting that the state is taking action to address Duffy’s concerns but as yet is not in compliance with federal ELP rules.
Washington in response to Duffy’s warning acknowledged its ELP enforcement responsibilities and informed FMCSA that it created policies, training and oversight measures to ensure compliance. Its new policies took effect Sept. 25, and the state acknowledged training for its Commercial Vehicle Safety Alliance-certified officers is ongoing.
Elison noted that Washington’s corrective actions portend sufficient action for release of the grant funds, but stressed it still must demonstrate compliance.
“Before FMCSA issues a Final Determination, the agency is requesting evidence of the plan’s implementation and results,” .
Specifically, Washington must provide details about training, a copy of the training curriculum and metrics regarding how many state patrol employees have completed ELP training.
A logging truck drives on the Interstate 5 bridge connecting Portland, Ore., and Washington. (Jenny Kane/Associated Press)
An FMCSA spokesperson said the agency is also asking the state to provide a summary of all ELP-related violations issued since Sept. 25.
Washington has 30 days to respond. FMCSA said it will continue to monitor weekly enforcement data from the state.
Washington Trucking Associations President and CEO Sheri Call offered support to the Washington State Patrol’s ELP enforcement efforts. “WTA works closely with the Washington State Patrol’s enforcement division to keep drivers current on all safety regulations and protect all users of Washington’s roadways.”
Call noted that while her group had “remained silent on the issue of ELP enforcement,” to “protect against the potential loss of $10 million in federal funds.”
Call also about WTA’s willingness to help.
“Our professional drivers reflect Washington’s diversity and are vital to industries across the state. They have consistently met English proficiency standards, even before the recent enhanced enforcement efforts. We are committed to maintaining a diverse, well-trained, safe driver workforce that upholds these standards,” Call stated. “The trucking industry is a vital driver of Washington’s economy, and our members are committed to being safe, compliant carriers who prioritize safety and responsibility. Our collaboration with law enforcement is essential in ensuring consistent application of regulations and maintaining high safety standards.”
Federal ELP rules require truckers suspected of lacking adequate English communication skills be tested for verbal and/or reading skills, and that those in violation be placed out of service.
California
On Oct. 15, Duffy announced California’s failure to enforce federal ELP rules will result in DOT withholding the $40 million annual MCSAP grant that primarily goes to the California Highway Patrol for commercial vehicle safety programs.
California, however, insists it is in compliance with ELP regulation.
“Every state was given the same opportunity to correct course,” an FMCSA spokesperson told Transport Topics. “California chose not to comply. New Mexico is now in full compliance, and Washington has acted in good faith, submitting a plan that will bring the state into compliance by the end of October.”
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