Why California Refutes FMCSA’s ELP Enforcement Claim
Transportation Agency Says State Law Mandates Language Proficiency, Disputes Federal ELP Roadside Requirement
Key Takeaways:
- The Trump administration has withheld $40 million in federal transportation funds from California, alleging the state failed to enforce English language proficiency standards for commercial truck drivers.
- Gov. Gavin Newsom and state officials rejected the claim, citing state laws and federal regulations that already require English-only testing for commercial driver’s licenses.
- Federal officials said the funds could be restored if California begins conducting English proficiency checks during roadside inspections, a requirement the state argues is not part of federal law.
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California is refuting Trump administration claims that it is failing to enforce English language proficiency standards for commercial truck drivers, an issue that federal regulators have said will cost the state millions of dollars in federal funding if not corrected to White House expectations.
“Facts don’t lie, but the Trump administration sure does,” California Gov. Gavin Newsom said in a social media post after Transportation Secretary Sean Duffy announced that $40 million in federal transportation funds were being withheld from the state. “California does require ELP and tests for it as a condition of receiving a CDL, and you can read that for yourself.”
Newsom in his post included a link to a Sept. 25 eight-page letter to the Federal Motor Carrier Safety Administration written by California State Transportation Agency General Counsel Alicia Fowler outlining how the state fully enforces ELP, adheres to federal regulations and enforces a state law requiring CDL tests be done in English without translators.
Specifically, Fowler in the letter outlined how California law requires drivers to meet ELP guidelines and be in compliance with all federal requirements before a license is issued. Furthermore, she said the state’s licensing process requires English-language testing as well as all skills and road tests be conducted in English without assistance.
Fowler refuted Duffy’s claim that federal law requires ELPs be conducted in roadside inspections. By extension, she said this renders moot the allegation made by FMCSA that California’s lack of enforced ELP out-of-service violations stems from its failure to enforce the law.
“There is no federal requirement that English language proficiency be established through ‘roadside inspections,’ ” Fowler wrote, noting that the specific federal regulation in question “has not been amended to require roadside tests for English language proficiency. And the FMCSA’s guidelines on assessing English language proficiency do not obligate State Lead Agencies to conduct examinations or impose enforcement procedures during roadside inspections.”
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A CalSTA spokesperson told Transport Topics that the Oct. 15 letter from Duffy is “under review,” but stressed that the agency has not departed from the stance outlined in Fowler’s letter.
“California remains committed to the safety of the traveling public and will continue to comply with applicable federal laws and regulations,” the agency said. “We stand behind our Sept. 25, 2025, response to the Federal Motor Carrier Safety Administration.”
California’s $40 million grant could be reinstated, according to Duffy, if it prioritizes the ELP enforcement changes sought — particularly with roadside inspections.
“For FMCSA to restore funding, California must adopt and actively enforce a law, regulation, standard, or order that is compatible with the federal ELP requirement for commercial drivers. This means state inspectors need to begin conducting ELP assessments during roadside inspections and place those who fail out-of-service,” .
CMV Enforcement Funding
At issue is $40.68 million in funding from the FMCSA’s Motor Carrier Safety Assistance Program that is given to states to pay for roadside inspections, traffic enforcement, public safety outreach and safety audits of trucking companies.
“Let me be clear — this is valuable money that should be going to the great men and women in California law enforcement, who we support. Gov. Newsom’s insistence on obstructing federal law has tied my hands,” Duffy stated Oct. 16.
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The California Highway Patrol received $30.7 million through MCSAP in fiscal year 2024 to help fund its Commercial Enforcement Program, through which CHP officers conduct roadside inspections of commercial vehicles. During 2024, 453,321 commercial vehicle inspections.
“I put states on notice this summer: enforce the Trump administration’s English language requirements or the checks stop coming,” Duffy added. “California is the only state in the nation that refuses to ensure big-rig drivers can read our road signs and communicate with law enforcement. This is a fundamental safety issue that impacts on America’s road.”
