Labor & Employment Law Daily Wrap Up, FMCSA NEWS—Transportation department plans to withhold over $40M from California over English language policy inaction, (Oct 17, 2025)

By Brandi O. Brown, J.D.

California’s state inspectors need to begin conducting ELP assessments during roadside inspections, the federal agency says.

This week, U.S. Transportation Secretary Sean P. Duffy announced that the Federal Motor Carrier Safety Administration (FMCSA) plans to withhold over $40 million from California after an investigation that found the state has not complied with the federal agency’s new English Language Proficiency (ELP) standards.

MCSAP funding. In total, $40,685,225 from Motor Carrier Safety Assistance Program (MCSAP) funding will be impacted. MCSAP provides grant funding for states to conduct roadside inspections, traffic enforcement, transportation company safety audits, and public education.

“I put states on notice this summer: enforce the Trump Administration’s English language requirements or the checks stop coming,” said Duffy.

For FMCSA to restore funding, the announcement explains, California must adopt and actively enforce a law, regulation, standard, or order that is compatible with the ELP requirement. This means state inspectors need to begin conducting ELP assessments during roadside inspections, it adds.

ELP regulations. To remain eligible for MCSAP funding, according to the agency, states must adopt and enforce laws, regulations, standards, and orders on commercial motor vehicle (CMV) safety that are compatible with the Federal Motor Carrier Safety Regulations (FMCSRs) set forth in 49 CFR parts 390, 391, 392, 393, 395, 396, and 397. 49 CFR § 391.11(b)(2), in turn, states that a person is qualified to drive a motor vehicle if he/she “Can read and speak the English language sufficiently to converse with the general public, to understand highway traffic signs and signals in the English language, to respond to official inquiries, and to make entries on reports and records.”

FMCSA has determined that California has not adopted a compatible law, regulation, standard, or order to implement that standard and, therefore, pursuant to 49 CFR § 350.231, it is withdrawing approval of California’s FY24 and FY25 Commercial Vehicle Safety Plan effective October 15, 2025. This means that no expenses incurred after October 15, 2025, and vouchered for reimbursement from FY24 or FY25 MCSAP funding, will be approved and paid, the agency added.

Highway patrol said “no.” Previously, on August 26, 2025, the Department announced that California was among states in danger of losing federal funds on this basis. In July, California Highway Patrol publicly stated it had no intention of following the regulation.

The department also notes that it is currently performing a nationwide audit of non-domiciled commercial driver’s license (CDL) issuance.

According to reporting by the Washington Post, the new English-language proficiency requirements have taken 6,000 truckers off the road. Also according to the Post, analysts say there is no data correlating English proficiency with accidents involving commercial truck drivers and, according to the FMCSA’s own data, most commercial crashes are caused by drivers falling asleep or become impaired in some other way.

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