Transportation Secretary Sean Duffy today announced California, Washington, and New Mexico will lose federal funding unless they adopt and enforce English Language Proficiency requirements for commercial motor vehicle drivers. 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, according to a statement from the Department of transportation.
Duffy’s funding threat comes after an Aug. 12 crash on the Florida Turnpike claimed the lives of three Floridians. A driver who was officials say was not proficient in English attempted an illegal U-turn causing a minivan to smash into his trailer, killing three people.
One national trucking advocacy organization has announced it supports Duffy’s actions.
In other news related to the Aug. 12 crash:
“States don’t get to pick and choose which federal safety rules to follow,” said Transportation Secretary Sean P. Duffy. “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.”
The DOT’s statement said an investigation by the FMCSA found what it called “significant failures” by California, Washington, and New Mexico to place drivers out-of-service for ELP violations.
The FMCSA’s investigation found what the DOT called “significant failures” by all three states to follow federal guidelines to properly place drivers out-of-service for ELP violations. According to the DOT’s statement:
- California failed to adopt and enforce compatible ELP laws and regulations. From June 25, through Aug. 21, 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.At least 23 drivers with documented ELP out-of-service violations in other states were later inspected in California, but the state failed to honor those violations or enforce ELP.
- Washington has adopted the ELP regulation but is failing to enforce it. From June 25 through Aug. 21, 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.Two inspections resulted in ELP citations but the driver was not placed out-of-service. In addition, at least four drivers with documented ELP out-of-service violations in other states were later inspected in Washington, but the state failed to honor those violations or enforce ELP.
- New Mexico has adopted the ELP regulation but is failing to enforce it. From June 25 through Aug. 21, the state reported placing no drivers out-of-service for ELP violations and allowed at least seven unqualified drivers already found unable to meet ELP standards to keep driving.
In May, Duffy signed an order announcing the new guidance to enforce English proficiency requirement for truckers.
The Owner-Operator Independent Drivers Association today praised Duffy’s threat, saying truckers need to proficient in the English language.
“OOIDA strongly supports Secretary Duffy’s action to enforce long-standing English proficiency requirements for commercial drivers,” said OOIDA President Todd Spencer. “Basic English skills are critical for safely operating a commercial motor vehicle — reading road signs, following emergency instructions, and communicating with law enforcement are not optional.
“The fatal crash in Florida this month tragically illustrates what’s at stake. Road signs save lives, but only when they’re understood. Operating an 80,000-pound vehicle without being able to read road signs isn’t just dangerous, it’s completely unacceptable. We join USDOT in calling on California, New Mexico, Washington, and all other states to enforce English Language Proficiency requirements as an out-of-service violation. This is common sense and it protects everyone on the road.”
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