Episode Transcript
Available transcripts are automatically generated. Complete accuracy is not guaranteed.
Speaker 1 (00:02):
Hey, everybody, thank you for coming out today. By way
of introduction, I want to introduce you to Jesse Elisson.
Speaker 2 (00:11):
He is the chief.
Speaker 1 (00:12):
Counsel for our Federal Moral Carriers Mode here at DOT.
As we started, I just want to take a moment
and thank President Trump for his leadership in the Executive
Order that he made clear that we're going to put
safety in America first on our roadways.
Speaker 2 (00:28):
We appreciate his leadership.
Speaker 1 (00:30):
By way of taking a trip down memory lane, it
was in May that.
Speaker 3 (00:38):
DOT put out a rule.
Speaker 1 (00:42):
That indicated that we were going to take out of
service truck drivers who were not proficient in speaking the
English language. We announced that in May and it was
going to go in It did go into effect at
the end of June. Now, when we did that, there
was a lot of press that complained to us that
we were being unfair to people, that we were being
(01:03):
mean to people. And what we said was, no, this
is a safety issue. Making sure drivers of very heavy,
eighty thousand pound rigs can speak the language is truly
a critical safety issue. And some complained about it. We
implemented it at the end of June, and all of
(01:23):
us in America saw what happened in Florida where we
had an individual who we tested this individual after the crash,
but no doubt could not speak the English language and
could not understand road signs when he was operating that
very deadly rig.
Speaker 2 (01:43):
And so we at DOT and Federal.
Speaker 1 (01:46):
Motor Carriers, we are not going to tolerate states that
don't comply with the rules that come from this department,
and so we are going to First of all, we've
identified several states that have not been a compliance. That
would be Washington, California, and New Mexico. Those are three
(02:10):
states that have not complied with this rule, which, by
the way, this driver in Florida had received a CDL
in Washington, California and was pulled over in July for
speeding and no doubt couldn't speak English language, and law
enforcement in New Mexico did not take his rig out
(02:33):
of service.
Speaker 2 (02:34):
So this one.
Speaker 1 (02:35):
Driver touched all three states. Based on our review, they
are not complying with our rule. And so phase one
for us, which I'm announcing today, is we are going
to give these states thirty days to come into compliance
with truck drivers speaking proficiently the English language, or we're
(02:57):
going to look at federal funding that they receive under
the Motor Carrier Safety Assistance Program.
Speaker 2 (03:04):
So I believe California is.
Speaker 1 (03:08):
Twenty million or thirty million, thirty million, Washington is ten million,
in New Mexico with seven million. Jesse will confirm that
in a second. But these are millions of dollars. By
the way, this is phase one. There are other actions
that we can take to make sure states comply, and
hopefully in the next thirty days we won't have to
withhold any money from them, but if they don't come
(03:30):
into compliance, we will start with withholding this money and
then we will take additional steps to guarantee compliance. And
this is not just to be clear, this is not
just about saying we have some obscure rule that we
want them to comply with that truck drivers speak English proficiently.
This is about keeping people safe on the road. Your families,
(03:54):
your kids, your spouses, your loved ones, your friends. We
all use the roadway and we need to make sure
that those who are driving big rigs semis can understand
the road signs, that they've been well trained, and that
when they're pulled over by law enforcement, they're stop by
(04:15):
law enforcement or there's a crash and law enforcement responds
they can effectively communicate what they have on their rig.
Speaker 2 (04:23):
There might be a history that.
Speaker 1 (04:24):
They have to be able to communicate to law enforcement
when they're pulled over or there's.
Speaker 2 (04:29):
An accident, and if they can't.
Speaker 1 (04:31):
Do that, that creates a significant issue for the traveling public.
And so this is step one, and again we hope
there'll be a compliance in the next thirty days.
Speaker 2 (04:41):
If not, we'll take additional steps with that.
Speaker 1 (04:44):
I do want to turn it over to a Chief
Council from Motor Carriers, Jesse Elison, to talk a little
more about what our plan is and how we're going
to move forward.
Speaker 3 (04:53):
Jesse, thank you, mister Secretary.
Speaker 4 (04:58):
Before I explain the enforcement actions that FMCSA will take,
I want to emphasize the two dates that you mentioned.
Speaker 3 (05:05):
May twentieth is.
Speaker 4 (05:06):
The date that the Secretary directed FMCSA to implement a
new policy, and part of that policy included the assessment
to determine whether a driver could meet the English language
proficiency requirement.
Speaker 3 (05:22):
And by June twenty fifth.
Speaker 4 (05:24):
When CBSA, the Commercial Vehicle Safety Alliance the Alliance of
the State Partners put the new out of service rule
into effect. They shared that policy with the assessment as
part of it with all of the state.
Speaker 3 (05:41):
Partners, so all of the states have had.
Speaker 4 (05:44):
This information since May twentieth and at the latest since June.
Speaker 3 (05:50):
Twenty twenty fifth.
Speaker 4 (05:54):
Today, the Federal Mortar Carrier Safety Administration will be serving
a notice of proposed to termin nation of nonconformity to
the states of California, Washington, and New Mexico. And this
notice proposes a finding of non compliance with the Motor
Carrier Safety Assistance Program commonly referred to as mix APP
(06:16):
with the qualifying conditions this notice. The mix APP program
is FMCSA's main formula grant program and it provides financial
assistance to states to reduce the number of severity of
crashes and injuries and fatalities.
Speaker 3 (06:36):
Mix UP funding requires the states to.
Speaker 4 (06:39):
Adopt and enforce laws and regulations compatible with the Federal
Motor Carrier Safety Regulations, which includes the English language proficiency requirement.
And let me just quote what that requirement is that
the Secretary described just a minute ago.
Speaker 3 (06:56):
But commercial drivers must be able to read.
Speaker 4 (06:58):
And speak the Elish 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.
Speaker 3 (07:11):
On reports and records.
Speaker 4 (07:14):
The states must enforce ELP requirements to maintain mix APP funding.
Speaker 3 (07:20):
Even before the tragic accident in.
Speaker 4 (07:23):
Florida taking three lives, FMCSA reached out earlier this month
to all of the state partners and asked a couple
of questions. We were reviewing the enforcement data, and we
wanted to know what your plan was, and if you
did not have a plan, what actions you are taking
(07:43):
to de prioritize your non enforcement actions. And so we
took that feedback and reviewed that in combination with the
data that we were reviewing, and part of that data
that I'll share with you right now. But those answers
were critical in determining these notices to California, in Washington
(08:08):
and New Mexico because they didn't have a plan or
they hadn't communicated with us the steps that they would
take to deprioritize what they weren't doing. What we found
in determining California between the enforcement date of June twenty
fifth and August twenty first, so through last week, was
(08:29):
that California has done about thirty four investigations where they
actually cited a violation, and one of those involved the
English Language Proficiency requirement. Very importantly, California inspected over twenty
drivers who had previously been cited in other states for
(08:55):
an English Language proficiency violation and we're taken out of service.
So what that means is subsequent to that violation, they
drove again in California. In California did not honor that
previous violation. In Washington, there have been over that time
(09:16):
period from June twenty fifth to August twenty first, about
just over five thousand inspections that resulted in a violation,
six of which did have the ELP requirement, two of
which were not properly done within the commercial zones. But
like California, Washington had at least four drivers come into
their state who had previously been cited for an ELP
(09:41):
requirement violation and put out of service. Then they did
not respect and honor that previous violation. In New Mexico,
over that same time period from June twenty fifth to
August twenty first, New Mexico has provided zero violations out
of over.
Speaker 3 (10:01):
About five thousand inspections.
Speaker 4 (10:04):
And like Washington and California drivers came into New Mexico
about at least seven drivers who had previously been cited
and put out of service for the English language proficiency requirement,
and yet New Mexico, just like Washington in California, did
not honor that previous violation and return.
Speaker 3 (10:27):
Them out of service.
Speaker 4 (10:30):
Just to underscore this point, if an out of service
violation could be various citations, it could be breaks. No
state is going to officer is going to look at
a previous citation of a brake violation in a state
a month before they're doing their inspection and then just
(10:53):
not inspect the breaks and just let that driver go
on their way. And yet all three of these states
are doing that, and they're allowing people to be on
the road that we're taken off the road. So all
three of these states will have thirty days from the
notice that we send out today to respond to the
(11:14):
agency and to provide a corrective plan. And after that
thirty days, FMCSA will make a final determination of nonconformity
and impose the appropriate sanctions that can be up to
withholding all of the MIXAP funding. And as the Secretary said,
that's just over I think thirty three million in California,
(11:37):
ten and a half million in Washington, and I think
seven million in New Mexico.
Speaker 3 (11:42):
We anticipate all of the states coming in compliance. We
do not want to penalize the states.
Speaker 4 (11:49):
We want the states to comply and to enforce the
English language proficiency requirement, which is directly related not only
to the safety the citizens of their states, but the
citizens of all of the states around all of the
United States with drivers driving into those states, and that
(12:11):
covers the notices.
Speaker 2 (12:13):
Wonderful.
Speaker 1 (12:15):
This has a quick note. We have so many great
people who work here at dot. Jesse and I have
worked arm in arm for the last seven months together.
You haven't met Jesse yet. You met him today. But
this is the hard work and the dedication that our
team puts in to make sure our rules and regulations
(12:37):
are appropriate to keep people safe. I just want to
I'll take your questions in a moment. But again, we
have drivers that were taken out of service because of
English language proficiency. They go to one of these three
states and they're pulled over again. So their records are
run by law enforcement. Of course, that's what law enforcement does,
(12:59):
and so law enforcement in those states sees this is
a flashing light.
Speaker 2 (13:03):
Listen, this person, this driver was taken out of.
Speaker 1 (13:07):
Service in a different state because they couldn't speak English.
Speaker 2 (13:10):
And what do they do nothing?
Speaker 1 (13:13):
They turned them loose, put them back on the road.
We've also asked for plans from these three states, to
which they have not provided them, which has indicated to
us that there has not been a willingness to comply
with this rule.
Speaker 2 (13:25):
And so this is this is phase one. We do
want compliance.
Speaker 1 (13:30):
We don't want to take away money from states, but
we will take money away and will take additional steps
that get progressively more difficult for these states. There's a
lot of great tools that we have here that we
don't want to use. We just want to keep drivers safe,
not in just red states. We don't. This is Americans
drive in all states. In California, Washington, and New Mexico,
(13:55):
Americans driving and they deserve to be state safe in
those states like in every other state. So that take
a couple of your questions.
Speaker 5 (14:01):
Yes, Burgers, the announcements phase one way.
Speaker 1 (14:08):
To take the seas So this is the this is
the only phase I want to take. And we're giving
thirty days for a compliance because I don't want to
take away their money.
Speaker 2 (14:17):
I don't.
Speaker 1 (14:18):
I want them to get these resources, but if not,
this will be phase one.
Speaker 2 (14:23):
I'm not going to lay out all of the phases
that we have tools that we have.
Speaker 1 (14:28):
To garner a compliance, but we have we have wonderful
tools that will make it very challenging for states to
do business if they don't comply.
Speaker 5 (14:39):
All of the nineteen states in the District of Columbia
and don't consider immigration status when is shooting commercial driver's licenses?
Is DOOT will need to raise to those states consider
immigration status when is shooting commercial driver latenses?
Speaker 1 (14:53):
And if so so again Jesse, you might have a
different answer or will supplement mind. We need we congressional
assistance on this, But of course I do think we should.
Speaker 2 (15:03):
We should be.
Speaker 1 (15:05):
A US citizen or be legally in this country if
you're going to drive. We have a number of other
issues that we deal with with our partners to the
north and to the south that we are trying to
unpack and make sure our laws are complied with. As
I've found out now very quickly from Jesse, this gets
(15:27):
very complicated, very quickly. But we are we are putting
every asset in place to make sure that we get
compliance and get anyone who drives in America to.
Speaker 2 (15:39):
Follow the law just if you have.
Speaker 6 (15:41):
I would just add that the rules are very clear
on what's required of issuing a CDL in a non
domicile CDL, and those requirements are very important part of
the national audit that we're doing with the issuance of
those licenses.
Speaker 7 (15:57):
Yes, where you at with the audits or what We're.
Speaker 4 (16:05):
Making progress and we'll have some updates in the very
near future. But we've we've had AN'T, We've done UH
a number of states. We still have a lot of
states to do, but we do and we'll have an
update in the very near future on on.
Speaker 8 (16:20):
That and then and some of our reporting.
Speaker 9 (16:23):
It's coming to my attention that there are the with
the EOP that can.
Speaker 10 (16:27):
Only be enforced by c BUSA inspectors YA in states
like Wyoming.
Speaker 8 (16:32):
I was listening to hearing last week.
Speaker 11 (16:34):
We were trying to pass a state law because a
state policeman or sheriffs can't pull someone.
Speaker 8 (16:40):
Over a violation of an EOP. And it's happening. They're
going in different areas of art in the Interstates.
Speaker 12 (16:46):
Is is that correct?
Speaker 8 (16:46):
Is that your understanding as well.
Speaker 3 (16:48):
No, that's not correct.
Speaker 4 (16:50):
Both the federal enforcements and the states can enforce ELP
violations and do what's really important is that the CVSA
or the Commercial Vehicle Safety Alliance, they are the ones
who set the standards for the North American out of
service criteria and that's why it was significant for them
to start that date of enforcement on June twenty fifth,
(17:14):
and so they don't have to be.
Speaker 7 (17:15):
A federal inspector and do an inspection to pull them
off the road.
Speaker 3 (17:19):
It can be of sheriffs.
Speaker 4 (17:22):
Most of our partners are state and local partners that
are performing the ELP assessments and just real quick, the
assessment actually only is triggered when there's a challenge to communicate.
It's not something that's just always done. But if there's
a challenge in communication, then there's this two step assessment
(17:45):
process that is part of the what's part of the
policy that we issued in that CVSA incorporated into their guidance.
Speaker 13 (17:53):
One last question, Okay, so the violations of the out
of service orders that you mentioned that three say, do
you know where those like non domicile of CDOs.
Speaker 3 (18:04):
Or or so those issues are are separate issues. I
do have an idea of some of.
Speaker 4 (18:10):
Those issues, but those are those are separate, the the
CDL and the visa and immigration, and so that we
are addressing those issues in in the future will we'll
have more to say about those, but right now it's
we're UH sending out notices limited to English language proficiency,
the English Language proficiency requirement and the nonconformity with that requirement.
Speaker 12 (18:38):
Himation assessment.
Speaker 14 (18:45):
Was theology established, Yeah, that's a great question, and so
on May twentieth, when the Secretary directed FMCSA to issue
the guidance, that's when it was established, and so it's uniformity.
Speaker 4 (19:02):
There's a lot of attention paid to that. And so
part of and again this is why I mentioned these
two dates, is part of that guidance includes a two
step assessment to determine whether or not that requirement three
ninety one eleven B one is met. So three ninety one,
Part three ninety one is all of the driver qualifications
(19:24):
and this is one of the ability to sufficiently converse
into four categories that I read that sets the standard,
and that's what the assessment follows on whether or not
a driver can meet those four categories that are mentioned
in the requirement itself. And so there's question and answers
(19:44):
in our guidance portal that's available to companies to.
Speaker 3 (19:50):
Ensure compliance.
Speaker 4 (19:51):
But CVSA took the FMCSA policy and that assessment and
used that exactly, and that's what most of the states
are using today. And then that's does that answer your
question that as I'm.
Speaker 15 (20:07):
Curious if there's any enforcement mechanism to ensure that the
are kinda.
Speaker 12 (20:12):
Uh equal, you know, standardize across.
Speaker 4 (20:15):
So there are specific sets of uh the the questions
for both parts of the assessment and so, but they're
but it is up to see THESA in the States
to implement the policy. But there's absolutely enough emphasis on
uniformity in in they're in.
Speaker 3 (20:33):
They're doing that.
Speaker 2 (20:35):
Really good.
Speaker 1 (20:36):
Just and as as we leave, just to make one
last uh point, I'm.
Speaker 2 (20:42):
I'm and this is something we're looking at and working on.
Speaker 1 (20:46):
When someone an individual comes in to take UH their
test to become a commercial driver and then did they
do a skills test?
Speaker 2 (20:56):
Have my CDL for thirty years?
Speaker 1 (20:58):
I think it's process in which we all go through
and at that point it would be clear that this
driver doesn't understand all the road signs. It doesn't speak
the language, but miraculously they're passing the skills test that
I think any common sense analysis would say, well, that
(21:19):
doesn't make sense.
Speaker 2 (21:21):
How could that happen? And so just to.
Speaker 1 (21:23):
Note for future reference, we are going to be looking
at that as well. How are these tests being administered
and are they are they following the rules and is
there some gaming of the system that we have to address.
I would just I'll tell you all stay tuned. We
are going to again we have been on this before,
(21:44):
you all recovering it. We are going to stay on
it because again, this is about keeping our American road safe.
And that we lost three people for no purpose but
for a driver who should not have been driving.
Speaker 2 (22:04):
A big rate. That's not acceptable. And I and I
do hope it's it's my wish that that that these states.
Speaker 1 (22:14):
Understand the common sense nature of what we're doing and
they conmply and they become good partners.
Speaker 2 (22:19):
That would be my hope.
Speaker 1 (22:21):
And because this is this is again, this is not
about politics. This is about doing the right thing by
way of the American people, uh and in keeping individuals
and families safe.
Speaker 2 (22:32):
As we all use our Roadways.
Speaker 1 (22:34):
So that thanks think of coming out and stay tuned
for more developments as we continue to push these common
sense policies, not just at federal Mode Carriers, but also
across all our modes here at do T.
Speaker 2 (22:45):
Thank you, yeah, ah.
Speaker 16 (23:00):
H B.
Speaker 1 (24:21):
B, thank you for coming out today. H All by
(26:59):
way introduction. Want to introduce you to Jesse Elisson. He
is the chief counsel for our federal Moro Carriers mode
here at DOT. As we started, I just want to
take a moment and thank President Trump for his leadership
in the Executive Order that he made clear that we're
going to put safety in.
Speaker 2 (27:17):
America first on our roadways. We appreciate his leadership.
Speaker 1 (27:22):
By way of taking a trip down memory lane, it
was in May that DOT put out a rule that
indicated that we were going to take out of service
truck drivers who were not proficient in speaking the English language.
(27:42):
We announced that in May and it was going to
go in It did go into effect at the end
of June. Now, when we did that, there was a
lot of press that complained to us that we were
being unfair to people, that we were being mean to people,
And what we said was no, this is a safety issue.
Making sure drivers of very heavy, eighty thousand pound rigs
(28:05):
can speak the language is truly a critical safety issue,
and some complained about it. We implemented it at the
end of June, and all of.
Speaker 2 (28:15):
Us in America saw what happened in Florida where.
Speaker 1 (28:18):
We had an individual who we tested this individual after
the crash, but no doubt could not speak the English
language and could not understand road signs when he was
operating that very deadly break.
Speaker 2 (28:35):
And so we at DOT and Federal Motor.
Speaker 1 (28:39):
Carriers, we are not going to tolerate states that don't
comply with the rules that come from this department, and
so we are going to First of all, we've identified
several states that have not been a compliance. That would
be Washington, California.
Speaker 2 (29:00):
In New Mexico.
Speaker 1 (29:02):
Those are three states that have not complied with this rule, which,
by the way, this driver in Florida had received a
CDL in Washington, California and was pulled over in July
for speeding and no doubt couldn't speak English language, and
law enforcement in New Mexico did not take his rig
(29:24):
out of service. So this one driver touched all three states.
Based on our review, they are not complying with our rule.
Speaker 2 (29:33):
And so phase one for us, which I'm announcing today, is.
Speaker 1 (29:37):
We are going to give these states thirty days to
come into compliance with truck drivers speaking proficiently the English language,
or we're going to look at federal funding that they
receive under the Motor Carrier Safety Assistance Program.
Speaker 2 (29:56):
So I believe California is.
Speaker 1 (30:00):
Twenty million or thirty million, thirty million, Washington is ten million.
In New Mexico with seven million. Jesse will confirm that
in a second. But these are millions of dollars. By
the way, this is phase one. There are other actions
that we can take to make sure states comply, and
hopefully in the next thirty days we won't have to
withhold any money from them, but if they don't come
(30:22):
into compliance, we will start with withholding this money, and
then we will take additional steps to guarantee compliance. And
this is not just to be clear, this is not
just about saying we have some obscure rule that we
want them to comply with that truck drivers speak English proficiently.
This is about keeping people safe from the road. Your families,
(30:46):
your kids, your spouses, your loved ones, your friends.
Speaker 2 (30:50):
We all use the roadway and we.
Speaker 1 (30:53):
Need to make sure that those who are driving big
rigs semis can understand the road signs, that they've been
well trained, and that when they're pulled over by law enforcement,
they'll stop by law enforcement or there's a crash and
law enforcement responds, they can effectively communicate what they have
(31:13):
on their rig.
Speaker 2 (31:15):
There might be a history that they have to.
Speaker 1 (31:17):
Be able to communicate to law enforcement when they're pulled
over or there's an accident, and if they can't do that,
that creates a significant issue for the traveling public. And
so this is step one, and again we hope there'll
be a compliance in the next thirty days.
Speaker 2 (31:33):
If not, we'll take additional steps with that.
Speaker 1 (31:36):
I do want to turn it over to achieve counsul
from motor carriers. Jesse Ellison to talk a little more
about what our plan is and how we're going to
move forward.
Speaker 3 (31:45):
Jesse, thank you, mister Secretary.
Speaker 4 (31:50):
Before I explain the enforcement actions that FMCSAY will take,
I want to emphasize the two dates that you mentioned.
Speaker 3 (31:57):
May twentieth is the.
Speaker 4 (31:58):
Date the Secretary directed FMCSA to implement a new policy,
and part of that policy included the assessment to determine
whether a driver could meet the English language proficiency requirement,
and by June twenty fifth, when CVSA, the Commercial Vehicle
(32:19):
Safety Alliance, the alliance of the state partners put the
new out of service rule into effect, they shared that
policy with the assessment as part of it with all
of the state partners, so all of the states have
had this information since May twentieth and at the latest
(32:41):
since June twenty twenty fifth. Today, the Federal Mortar Carrier
Safety Administration will be serving a notice of proposed determination
of nonconformity to the states of California, Washington, and New Mexico.
Speaker 3 (32:58):
And this notice proposed.
Speaker 4 (33:00):
Is defining a non compliance with the Motor Carrier Safety
Assistance Program commonly referred to as mix APP with the
qualifying conditions this notice. The mix APP program is FMCSA's
main formula grant program and it provides financial assistance to
(33:21):
states to reduce the number of severity of crashes and
injuries and fatalities. Mix UP funding requires the states to
adopt and enforce laws and regulations compatible with the Federal
Motor Carrier Safety Regulations, which includes the English language proficiency
requirement and let me just quote. What that requirement is
(33:44):
that the Secretary described just a minute ago, But commercial
drivers must be able to 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. The states must enforce ELP requirements to maintain
(34:09):
mix APP funding. Even before the tragic accident in Florida
taking three lives, FMCSA reached out earlier this month to
all of the state partners and asked a couple of questions.
We were reviewing the enforcement data, and we wanted to
know what your plan was, and if you did not
(34:32):
have a plan, what actions you are taking to dep
prioritize your non enforcement actions. And so we took that
feedback and reviewed that in combination with the data that
we were reviewing, and part of that data that I'll
share with you.
Speaker 3 (34:52):
Right now. But those answers were.
Speaker 4 (34:55):
Critical in determining these notices to California and Washington in
New Mexico, because they didn't have a plan or they
hadn't communicated with us the steps that they would take
to deprioritize.
Speaker 3 (35:09):
What they weren't doing.
Speaker 4 (35:11):
What we found in determining California between the enforcement date
of June twenty fifth and August twenty first, so through
last week, was that California has done about thirty four
investigations where they actually cited a violation, and one of
those involved the English Language Proficiency requirement. Very importantly, California
(35:38):
inspected over twenty drivers who had previously been cited in
other states for an English Language proficiency violation and were
taken out of service.
Speaker 3 (35:54):
So what that means is, subsequent.
Speaker 4 (35:56):
To that violation, they drove again in California, and Californfornia
did not honor that previous violation. In Washington, there have
been over that time period from June twenty fifth to
August twenty first, about just over five thousand inspections that
resulted in a violation, six of which did have the
(36:17):
ELP requirement, two of which were not properly done within
the commercial zones. But like California, Washington had at least
four drivers coming to their state who had previously been
cited for an ELP requirement violation and put out of service.
Then they did not respect and honor that previous violation.
(36:39):
In New Mexico. Over that same time period from June
twenty fifth to August twenty first, New Mexico has provided
zero violations out of over.
Speaker 3 (36:53):
About five thousand inspections.
Speaker 4 (36:56):
And like Washington and California, drivers came into New Mexico
about at least seven drivers who had previously been cited
and put out of service for the English language proficiency requirement.
And yet New Mexico, just like Washington in California, did
not honor that previous violation and return them out of service.
(37:22):
Just to underscore this point, if an out of service
violation could be various citations, it could be breaks.
Speaker 3 (37:32):
No state is.
Speaker 4 (37:33):
Going to officer is going to look at a previous
citation of a breake violation in a state a month
before they're doing their inspection and then just not inspect
the breaks and just let that.
Speaker 3 (37:47):
Driver go on their way. And yet all.
Speaker 4 (37:51):
Three of these states are doing that, and they're allowing
people to be on the road that were taken off
the road. So all three of these states will have
thirty days from the notice that we send out today
to respond to the agency and to provide a corrective plan.
And after that thirty days FMCSA will make a final
(38:14):
determination of nonconformity and impose the appropriate sanctions that can
be up to withholding all of the MIXTAP funding.
Speaker 3 (38:24):
And as the Secretary.
Speaker 4 (38:25):
Said, that's just over I think thirty three million in California,
ten and a half million in Washington, and I think
seven million in New Mexico. We anticipate all of the
states coming in compliance. We do not want to penalize
the states. We want the states to comply and to
enforce the English language proficiency requirement, which is directly related
(38:48):
not only to the safety the citizens of their states.
Speaker 3 (38:52):
But the citizens of all of.
Speaker 4 (38:54):
The states around all of the United States with drivers
driving into those states, and that covers the notices.
Speaker 2 (39:05):
Wonderful. This is a quick note.
Speaker 1 (39:09):
We have so many great people who work here at dot.
Jesse and I have worked arm in arm for the
last seven months together.
Speaker 2 (39:18):
You haven't met Jesse yet, you met him today. But
this is a hard work and the dedication that our
team puts in to make sure our.
Speaker 1 (39:28):
Rules and regulations are appropriate to keep people safe.
Speaker 2 (39:31):
I just want to I'll take you questions in a moment.
Speaker 1 (39:33):
But again, we have drivers that were taken out of
service because of English language proficiency. They go to one
of these three states and they're pulled over again. So
their records are run by law enforcement. Of course that's
what law enforcement does, and so law enforcement in those
(39:53):
states seas this is a flashing light. Listen, this person,
this driver was taken out of service in a different
state because they couldn't speak English.
Speaker 2 (40:02):
And what do they do? Nothing?
Speaker 1 (40:05):
They turned them loose, put them back on the road.
We've also asked for plans from these three states, to
which they have not provided them, which has indicated to
us that there has not been a willingness to comply
with this rule. And so this is this is phase one.
We do want compliance.
Speaker 2 (40:22):
We do.
Speaker 1 (40:23):
We don't want to take away money from states, but
we will take money away and will take additional steps
that get progressively more difficult for these states. There's a
lot of great tools that we have here that we
don't want to use. We just want to keep drivers safe,
not in just red states.
Speaker 2 (40:39):
We don't.
Speaker 1 (40:40):
This is Americans drive in all states. In California, Washington,
and New Mexico, Americans driving and they deserve to be
stay safe in those states like in.
Speaker 2 (40:50):
Every other state.
Speaker 1 (40:51):
So that I will take a couple of your questions. Yes, phase,
so this is the this is the only phase I
want to take. And we're giving thirty days for compliance
because I don't want to take away their money. I
don't I want them to get these resources. But if not,
(41:13):
this will be phase one. I'm not going to lay
out all of the phases that we have tools that
we have to garner a compliance, but we have we
have wonderful tools that will make it great challenging for
states to do business.
Speaker 2 (41:30):
If they don't comply at all of.
Speaker 5 (41:32):
The nineteen states in the District of Columbia and don't
consider immigration status when is shooting commercial driver's licenses, is
DOOT will need to ways to those states consider immigration status.
Speaker 8 (41:42):
When is shooting commrcual driver latenses and if.
Speaker 1 (41:45):
So, again Jesse might have a different answer or will
supplement mind. We need we need congressional assistance on this.
But of course I do think we should. We should
be a US citizen or be legally in this country
if you're going to drive. We have a number of
other issues that we deal with with our partners to
(42:08):
the north and to the south that we are trying
to unpack and make sure our laws are complied with.
As I've found out now very quickly from Dresse, this
gets very complicated, very quickly, but we are we are
putting every asset in place to make sure that we
get compliance and get anyone who drives in America to.
Speaker 2 (42:31):
Follow the law.
Speaker 6 (42:33):
I would just add that the rules are very clear
on what's required of issuing a CDL and a non
domicile CDL, and those requirements are a very important part
of the national audit that we're doing with the issuance
of those licenses.
Speaker 7 (42:47):
Where are you at with the audits?
Speaker 4 (42:49):
And we're making progress and we'll have some updates in
the very near future. But we've we've had we've done
a number of states. We still have a lot of
states to do, but we do and we'll.
Speaker 6 (43:04):
Have an update in the very in their future on that.
Speaker 9 (43:08):
And then in some of our reporting, it's come to
my attention that there are the with the EOP that.
Speaker 10 (43:15):
Can only be enforced by CVSA inspectors YEA in states
like Wyoming.
Speaker 8 (43:20):
I was listening to hearing last week.
Speaker 11 (43:22):
You're trying to pass the state law because a state
policeman or sheriffs can't pull someone over a violation of an.
Speaker 8 (43:30):
EOP and it's happening. They're going in different areas of
art in interstates. Is is that correct?
Speaker 1 (43:34):
Is that your.
Speaker 8 (43:35):
Understanding of will?
Speaker 4 (43:36):
No, that's not correct. Both the federal enforcement and the
states can enforce ELP violations and do What's really important
is that the CVSA or the Commercial Vehicle Safety Alliance,
they are the ones who set the the standards for
the North American out of service criteria and that's why
it was significant for them to start that they of
(44:00):
enforcement on June twenty fifth, and so they don't have
to be.
Speaker 10 (44:03):
A federal inspector and to an inspection to pull them
off the road.
Speaker 3 (44:07):
It can be of sheriffs.
Speaker 4 (44:09):
Yet most of our partners are state and local partners
that are performing the ELP assessments.
Speaker 3 (44:18):
And just real quick, the.
Speaker 4 (44:20):
Assessment actually only is triggered when there's a challenge to communicate.
Speaker 3 (44:25):
It's not something that's just always done.
Speaker 4 (44:27):
But if there's a challenge in communication, then there's this
two step assessment process that is part of the as
part of the policy that we issued in that CVSA
incorporated into their guidance.
Speaker 8 (44:41):
One last question.
Speaker 13 (44:42):
Okay, so the violations of the out of service orders
that you mentioned in the three States.
Speaker 8 (44:48):
Do you know where those like non domicile.
Speaker 12 (44:51):
CEOs or.
Speaker 3 (44:54):
So those issues are our separate issues. I do have
an idea on some of those issues.
Speaker 4 (44:59):
But those are those are separate the CDL and the
visa and immigration, and so that we are addressing those issues.
In the future, will we'll have more to say about those,
but right now it's we're sending out notices limited to
English language proficiency, the English language proficiency requirement and the
(45:20):
nonconformity with that requirement.
Speaker 12 (45:26):
Right, serization for the assessment. Was the mythology established?
Speaker 3 (45:36):
Yeah, that's a great question, and so on May twentieth.
Speaker 4 (45:40):
When the Secretary directed FMCSA to issue the guidance, that's
when it was established, and so it's uniformity. There's a
lot of attention paid to that, and so part of
and again this is why I mentioned.
Speaker 3 (45:55):
These two dates, is part of that guidance.
Speaker 4 (45:58):
Includes a two step assessment to determine whether or not
that requirement three ninety one eleven B one is met.
So three ninety one, Part three ninety one is all
of the driver qualifications and this is one of the
ability to sufficiently converse into four categories that I read
(46:19):
that sets the standard and that's what the assessment follows
on whether or not a driver can meet those four
categories that are mentioned in the requirement itself. And so
there's there's question and answers in our guidance portal that's
available to companies to to ensure compliance. But CVSA took
(46:41):
the FMCSA policy and that assessment and used that exactly
and that's what most of the states are using today.
And then that's does that answer your question.
Speaker 15 (46:55):
That I'm curious there's any enforcement I insure that the
app will you know, standardize ACROST.
Speaker 4 (47:03):
So there are specific sets of UH the the questions
for both parts of the assessment and so but they're
but it is up to see VSA in the States
to implement the policy. But there's absolutely an emphasis on
uniformity in in there and they're doing that.
Speaker 2 (47:25):
As we leave.
Speaker 1 (47:25):
Does something to make one last point, I'm I'm and
this is something we're looking at and working on. When
someone an individual comes in to take UH their test
to become a commercial driver and then they do a
skills test. Have my CDL for thirty years, I think
(47:47):
it's it's a process in which we all go through
and uh, at that point it would be clear that
this driver doesn't understand all the road signs and doesn't
speak the language, but miraculously they're passing the skills test
that I think any common sense analysis would say, well,
(48:07):
that doesn't make sense.
Speaker 2 (48:09):
How could that happen?
Speaker 1 (48:10):
And so just to note for a future reference, we
are going to be looking at that as well. How
are these tests being administered and are they are they
following the rules?
Speaker 2 (48:22):
And is there some gaming of the system that we
have to address.
Speaker 1 (48:27):
I would just tell you all stay tuned. We are
going to again we have been on this before, you
all recovering it. We're going to stay on it because again,
this is about keeping our American road safe. And that
we lost three people for no purpose, no reason, but
(48:50):
for a driver who should not have been driving a
big rad that's not acceptable. And I do hope it's
my wish that the states understand the common sense nature
of what we're doing and they comply and they become
good partners.
Speaker 2 (49:07):
That would be my hope. And because this is this
is again, this is not about politics.
Speaker 1 (49:12):
This is about doing the right thing by way of
the American people and keeping individuals and families safe as
we all use our roadways, so that thanks think of
coming out and stay tuned for more developments as we
continue to push these common sense
Hey, everybody, thank you for coming out today. By way
of introduction, I want to introduce you to Jesse Elisson.
Speaker 2 (00:11):
He is the chief.
Speaker 1 (00:12):
Counsel for our Federal Moral Carriers Mode here at DOT.
As we started, I just want to take a moment
and thank President Trump for his leadership in the Executive
Order that he made clear that we're going to put
safety in America first on our roadways.
Speaker 2 (00:28):
We appreciate his leadership.
Speaker 1 (00:30):
By way of taking a trip down memory lane, it
was in May that.
Speaker 3 (00:38):
DOT put out a rule.
Speaker 1 (00:42):
That indicated that we were going to take out of
service truck drivers who were not proficient in speaking the
English language. We announced that in May and it was
going to go in It did go into effect at
the end of June. Now, when we did that, there
was a lot of press that complained to us that
we were being unfair to people, that we were being
(01:03):
mean to people. And what we said was, no, this
is a safety issue. Making sure drivers of very heavy,
eighty thousand pound rigs can speak the language is truly
a critical safety issue. And some complained about it. We
implemented it at the end of June, and all of
(01:23):
us in America saw what happened in Florida where we
had an individual who we tested this individual after the crash,
but no doubt could not speak the English language and
could not understand road signs when he was operating that
very deadly rig.
Speaker 2 (01:43):
And so we at DOT and Federal.
Speaker 1 (01:46):
Motor Carriers, we are not going to tolerate states that
don't comply with the rules that come from this department,
and so we are going to First of all, we've
identified several states that have not been a compliance. That
would be Washington, California, and New Mexico. Those are three
(02:10):
states that have not complied with this rule, which, by
the way, this driver in Florida had received a CDL
in Washington, California and was pulled over in July for
speeding and no doubt couldn't speak English language, and law
enforcement in New Mexico did not take his rig out
(02:33):
of service.
Speaker 2 (02:34):
So this one.
Speaker 1 (02:35):
Driver touched all three states. Based on our review, they
are not complying with our rule. And so phase one
for us, which I'm announcing today, is we are going
to give these states thirty days to come into compliance
with truck drivers speaking proficiently the English language, or we're
(02:57):
going to look at federal funding that they receive under
the Motor Carrier Safety Assistance Program.
Speaker 2 (03:04):
So I believe California is.
Speaker 1 (03:08):
Twenty million or thirty million, thirty million, Washington is ten million,
in New Mexico with seven million. Jesse will confirm that
in a second. But these are millions of dollars. By
the way, this is phase one. There are other actions
that we can take to make sure states comply, and
hopefully in the next thirty days we won't have to
withhold any money from them, but if they don't come
(03:30):
into compliance, we will start with withholding this money and
then we will take additional steps to guarantee compliance. And
this is not just to be clear, this is not
just about saying we have some obscure rule that we
want them to comply with that truck drivers speak English proficiently.
This is about keeping people safe on the road. Your families,
(03:54):
your kids, your spouses, your loved ones, your friends. We
all use the roadway and we need to make sure
that those who are driving big rigs semis can understand
the road signs, that they've been well trained, and that
when they're pulled over by law enforcement, they're stop by
(04:15):
law enforcement or there's a crash and law enforcement responds
they can effectively communicate what they have on their rig.
Speaker 2 (04:23):
There might be a history that.
Speaker 1 (04:24):
They have to be able to communicate to law enforcement
when they're pulled over or there's.
Speaker 2 (04:29):
An accident, and if they can't.
Speaker 1 (04:31):
Do that, that creates a significant issue for the traveling public.
And so this is step one, and again we hope
there'll be a compliance in the next thirty days.
Speaker 2 (04:41):
If not, we'll take additional steps with that.
Speaker 1 (04:44):
I do want to turn it over to a Chief
Council from Motor Carriers, Jesse Elison, to talk a little
more about what our plan is and how we're going
to move forward.
Speaker 3 (04:53):
Jesse, thank you, mister Secretary.
Speaker 4 (04:58):
Before I explain the enforcement actions that FMCSA will take,
I want to emphasize the two dates that you mentioned.
Speaker 3 (05:05):
May twentieth is.
Speaker 4 (05:06):
The date that the Secretary directed FMCSA to implement a
new policy, and part of that policy included the assessment
to determine whether a driver could meet the English language
proficiency requirement.
Speaker 3 (05:22):
And by June twenty fifth.
Speaker 4 (05:24):
When CBSA, the Commercial Vehicle Safety Alliance the Alliance of
the State Partners put the new out of service rule
into effect. They shared that policy with the assessment as
part of it with all of the state.
Speaker 3 (05:41):
Partners, so all of the states have had.
Speaker 4 (05:44):
This information since May twentieth and at the latest since June.
Speaker 3 (05:50):
Twenty twenty fifth.
Speaker 4 (05:54):
Today, the Federal Mortar Carrier Safety Administration will be serving
a notice of proposed to termin nation of nonconformity to
the states of California, Washington, and New Mexico. And this
notice proposes a finding of non compliance with the Motor
Carrier Safety Assistance Program commonly referred to as mix APP
(06:16):
with the qualifying conditions this notice. The mix APP program
is FMCSA's main formula grant program and it provides financial
assistance to states to reduce the number of severity of
crashes and injuries and fatalities.
Speaker 3 (06:36):
Mix UP funding requires the states to.
Speaker 4 (06:39):
Adopt and enforce laws and regulations compatible with the Federal
Motor Carrier Safety Regulations, which includes the English language proficiency requirement.
And let me just quote what that requirement is that
the Secretary described just a minute ago.
Speaker 3 (06:56):
But commercial drivers must be able to read.
Speaker 4 (06:58):
And speak the Elish 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.
Speaker 3 (07:11):
On reports and records.
Speaker 4 (07:14):
The states must enforce ELP requirements to maintain mix APP funding.
Speaker 3 (07:20):
Even before the tragic accident in.
Speaker 4 (07:23):
Florida taking three lives, FMCSA reached out earlier this month
to all of the state partners and asked a couple
of questions. We were reviewing the enforcement data, and we
wanted to know what your plan was, and if you
did not have a plan, what actions you are taking
(07:43):
to de prioritize your non enforcement actions. And so we
took that feedback and reviewed that in combination with the
data that we were reviewing, and part of that data
that I'll share with you right now. But those answers
were critical in determining these notices to California, in Washington
(08:08):
and New Mexico because they didn't have a plan or
they hadn't communicated with us the steps that they would
take to deprioritize what they weren't doing. What we found
in determining California between the enforcement date of June twenty
fifth and August twenty first, so through last week, was
(08:29):
that California has done about thirty four investigations where they
actually cited a violation, and one of those involved the
English Language Proficiency requirement. Very importantly, California inspected over twenty
drivers who had previously been cited in other states for
(08:55):
an English Language proficiency violation and we're taken out of service.
So what that means is subsequent to that violation, they
drove again in California. In California did not honor that
previous violation. In Washington, there have been over that time
(09:16):
period from June twenty fifth to August twenty first, about
just over five thousand inspections that resulted in a violation,
six of which did have the ELP requirement, two of
which were not properly done within the commercial zones. But
like California, Washington had at least four drivers come into
their state who had previously been cited for an ELP
(09:41):
requirement violation and put out of service. Then they did
not respect and honor that previous violation. In New Mexico,
over that same time period from June twenty fifth to
August twenty first, New Mexico has provided zero violations out
of over.
Speaker 3 (10:01):
About five thousand inspections.
Speaker 4 (10:04):
And like Washington and California drivers came into New Mexico
about at least seven drivers who had previously been cited
and put out of service for the English language proficiency requirement,
and yet New Mexico, just like Washington in California, did
not honor that previous violation and return.
Speaker 3 (10:27):
Them out of service.
Speaker 4 (10:30):
Just to underscore this point, if an out of service
violation could be various citations, it could be breaks. No
state is going to officer is going to look at
a previous citation of a brake violation in a state
a month before they're doing their inspection and then just
(10:53):
not inspect the breaks and just let that driver go
on their way. And yet all three of these states
are doing that, and they're allowing people to be on
the road that we're taken off the road. So all
three of these states will have thirty days from the
notice that we send out today to respond to the
(11:14):
agency and to provide a corrective plan. And after that
thirty days, FMCSA will make a final determination of nonconformity
and impose the appropriate sanctions that can be up to
withholding all of the MIXAP funding. And as the Secretary said,
that's just over I think thirty three million in California,
(11:37):
ten and a half million in Washington, and I think
seven million in New Mexico.
Speaker 3 (11:42):
We anticipate all of the states coming in compliance. We
do not want to penalize the states.
Speaker 4 (11:49):
We want the states to comply and to enforce the
English language proficiency requirement, which is directly related not only
to the safety the citizens of their states, but the
citizens of all of the states around all of the
United States with drivers driving into those states, and that
(12:11):
covers the notices.
Speaker 2 (12:13):
Wonderful.
Speaker 1 (12:15):
This has a quick note. We have so many great
people who work here at dot. Jesse and I have
worked arm in arm for the last seven months together.
You haven't met Jesse yet. You met him today. But
this is the hard work and the dedication that our
team puts in to make sure our rules and regulations
(12:37):
are appropriate to keep people safe. I just want to
I'll take your questions in a moment. But again, we
have drivers that were taken out of service because of
English language proficiency. They go to one of these three
states and they're pulled over again. So their records are
run by law enforcement. Of course, that's what law enforcement does,
(12:59):
and so law enforcement in those states sees this is
a flashing light.
Speaker 2 (13:03):
Listen, this person, this driver was taken out of.
Speaker 1 (13:07):
Service in a different state because they couldn't speak English.
Speaker 2 (13:10):
And what do they do nothing?
Speaker 1 (13:13):
They turned them loose, put them back on the road.
We've also asked for plans from these three states, to
which they have not provided them, which has indicated to
us that there has not been a willingness to comply
with this rule.
Speaker 2 (13:25):
And so this is this is phase one. We do
want compliance.
Speaker 1 (13:30):
We don't want to take away money from states, but
we will take money away and will take additional steps
that get progressively more difficult for these states. There's a
lot of great tools that we have here that we
don't want to use. We just want to keep drivers safe,
not in just red states. We don't. This is Americans
drive in all states. In California, Washington, and New Mexico,
(13:55):
Americans driving and they deserve to be state safe in
those states like in every other state. So that take
a couple of your questions.
Speaker 5 (14:01):
Yes, Burgers, the announcements phase one way.
Speaker 1 (14:08):
To take the seas So this is the this is
the only phase I want to take. And we're giving
thirty days for a compliance because I don't want to
take away their money.
Speaker 2 (14:17):
I don't.
Speaker 1 (14:18):
I want them to get these resources, but if not,
this will be phase one.
Speaker 2 (14:23):
I'm not going to lay out all of the phases
that we have tools that we have.
Speaker 1 (14:28):
To garner a compliance, but we have we have wonderful
tools that will make it very challenging for states to
do business if they don't comply.
Speaker 5 (14:39):
All of the nineteen states in the District of Columbia
and don't consider immigration status when is shooting commercial driver's licenses?
Is DOOT will need to raise to those states consider
immigration status when is shooting commercial driver latenses?
Speaker 1 (14:53):
And if so so again Jesse, you might have a
different answer or will supplement mind. We need we congressional
assistance on this, But of course I do think we should.
Speaker 2 (15:03):
We should be.
Speaker 1 (15:05):
A US citizen or be legally in this country if
you're going to drive. We have a number of other
issues that we deal with with our partners to the
north and to the south that we are trying to
unpack and make sure our laws are complied with. As
I've found out now very quickly from Jesse, this gets
(15:27):
very complicated, very quickly. But we are we are putting
every asset in place to make sure that we get
compliance and get anyone who drives in America to.
Speaker 2 (15:39):
Follow the law just if you have.
Speaker 6 (15:41):
I would just add that the rules are very clear
on what's required of issuing a CDL in a non
domicile CDL, and those requirements are very important part of
the national audit that we're doing with the issuance of
those licenses.
Speaker 7 (15:57):
Yes, where you at with the audits or what We're.
Speaker 4 (16:05):
Making progress and we'll have some updates in the very
near future. But we've we've had AN'T, We've done UH
a number of states. We still have a lot of
states to do, but we do and we'll have an
update in the very near future on on.
Speaker 8 (16:20):
That and then and some of our reporting.
Speaker 9 (16:23):
It's coming to my attention that there are the with
the EOP that can.
Speaker 10 (16:27):
Only be enforced by c BUSA inspectors YA in states
like Wyoming.
Speaker 8 (16:32):
I was listening to hearing last week.
Speaker 11 (16:34):
We were trying to pass a state law because a
state policeman or sheriffs can't pull someone.
Speaker 8 (16:40):
Over a violation of an EOP. And it's happening. They're
going in different areas of art in the Interstates.
Speaker 12 (16:46):
Is is that correct?
Speaker 8 (16:46):
Is that your understanding as well.
Speaker 3 (16:48):
No, that's not correct.
Speaker 4 (16:50):
Both the federal enforcements and the states can enforce ELP
violations and do what's really important is that the CVSA
or the Commercial Vehicle Safety Alliance, they are the ones
who set the standards for the North American out of
service criteria and that's why it was significant for them
to start that date of enforcement on June twenty fifth,
(17:14):
and so they don't have to be.
Speaker 7 (17:15):
A federal inspector and do an inspection to pull them
off the road.
Speaker 3 (17:19):
It can be of sheriffs.
Speaker 4 (17:22):
Most of our partners are state and local partners that
are performing the ELP assessments and just real quick, the
assessment actually only is triggered when there's a challenge to communicate.
It's not something that's just always done. But if there's
a challenge in communication, then there's this two step assessment
(17:45):
process that is part of the what's part of the
policy that we issued in that CVSA incorporated into their guidance.
Speaker 13 (17:53):
One last question, Okay, so the violations of the out
of service orders that you mentioned that three say, do
you know where those like non domicile of CDOs.
Speaker 3 (18:04):
Or or so those issues are are separate issues. I
do have an idea of some of.
Speaker 4 (18:10):
Those issues, but those are those are separate, the the
CDL and the visa and immigration, and so that we
are addressing those issues in in the future will we'll
have more to say about those, but right now it's
we're UH sending out notices limited to English language proficiency,
the English Language proficiency requirement and the nonconformity with that requirement.
Speaker 12 (18:38):
Himation assessment.
Speaker 14 (18:45):
Was theology established, Yeah, that's a great question, and so
on May twentieth, when the Secretary directed FMCSA to issue
the guidance, that's when it was established, and so it's uniformity.
Speaker 4 (19:02):
There's a lot of attention paid to that. And so
part of and again this is why I mentioned these
two dates, is part of that guidance includes a two
step assessment to determine whether or not that requirement three
ninety one eleven B one is met. So three ninety one,
Part three ninety one is all of the driver qualifications
(19:24):
and this is one of the ability to sufficiently converse
into four categories that I read that sets the standard,
and that's what the assessment follows on whether or not
a driver can meet those four categories that are mentioned
in the requirement itself. And so there's question and answers
(19:44):
in our guidance portal that's available to companies to.
Speaker 3 (19:50):
Ensure compliance.
Speaker 4 (19:51):
But CVSA took the FMCSA policy and that assessment and
used that exactly, and that's what most of the states
are using today. And then that's does that answer your
question that as I'm.
Speaker 15 (20:07):
Curious if there's any enforcement mechanism to ensure that the
are kinda.
Speaker 12 (20:12):
Uh equal, you know, standardize across.
Speaker 4 (20:15):
So there are specific sets of uh the the questions
for both parts of the assessment and so, but they're
but it is up to see THESA in the States
to implement the policy. But there's absolutely enough emphasis on
uniformity in in they're in.
Speaker 3 (20:33):
They're doing that.
Speaker 2 (20:35):
Really good.
Speaker 1 (20:36):
Just and as as we leave, just to make one
last uh point, I'm.
Speaker 2 (20:42):
I'm and this is something we're looking at and working on.
Speaker 1 (20:46):
When someone an individual comes in to take UH their
test to become a commercial driver and then did they
do a skills test?
Speaker 2 (20:56):
Have my CDL for thirty years?
Speaker 1 (20:58):
I think it's process in which we all go through
and at that point it would be clear that this
driver doesn't understand all the road signs. It doesn't speak
the language, but miraculously they're passing the skills test that
I think any common sense analysis would say, well, that
(21:19):
doesn't make sense.
Speaker 2 (21:21):
How could that happen? And so just to.
Speaker 1 (21:23):
Note for future reference, we are going to be looking
at that as well. How are these tests being administered
and are they are they following the rules and is
there some gaming of the system that we have to address.
I would just I'll tell you all stay tuned. We
are going to again we have been on this before,
(21:44):
you all recovering it. We are going to stay on
it because again, this is about keeping our American road safe.
And that we lost three people for no purpose but
for a driver who should not have been driving.
Speaker 2 (22:04):
A big rate. That's not acceptable. And I and I
do hope it's it's my wish that that that these states.
Speaker 1 (22:14):
Understand the common sense nature of what we're doing and
they conmply and they become good partners.
Speaker 2 (22:19):
That would be my hope.
Speaker 1 (22:21):
And because this is this is again, this is not
about politics. This is about doing the right thing by
way of the American people, uh and in keeping individuals
and families safe.
Speaker 2 (22:32):
As we all use our Roadways.
Speaker 1 (22:34):
So that thanks think of coming out and stay tuned
for more developments as we continue to push these common
sense policies, not just at federal Mode Carriers, but also
across all our modes here at do T.
Speaker 2 (22:45):
Thank you, yeah, ah.
Speaker 16 (23:00):
H B.
Speaker 1 (24:21):
B, thank you for coming out today. H All by
(26:59):
way introduction. Want to introduce you to Jesse Elisson. He
is the chief counsel for our federal Moro Carriers mode
here at DOT. As we started, I just want to
take a moment and thank President Trump for his leadership
in the Executive Order that he made clear that we're
going to put safety in.
Speaker 2 (27:17):
America first on our roadways. We appreciate his leadership.
Speaker 1 (27:22):
By way of taking a trip down memory lane, it
was in May that DOT put out a rule that
indicated that we were going to take out of service
truck drivers who were not proficient in speaking the English language.
(27:42):
We announced that in May and it was going to
go in It did go into effect at the end
of June. Now, when we did that, there was a
lot of press that complained to us that we were
being unfair to people, that we were being mean to people,
And what we said was no, this is a safety issue.
Making sure drivers of very heavy, eighty thousand pound rigs
(28:05):
can speak the language is truly a critical safety issue,
and some complained about it. We implemented it at the
end of June, and all of.
Speaker 2 (28:15):
Us in America saw what happened in Florida where.
Speaker 1 (28:18):
We had an individual who we tested this individual after
the crash, but no doubt could not speak the English
language and could not understand road signs when he was
operating that very deadly break.
Speaker 2 (28:35):
And so we at DOT and Federal Motor.
Speaker 1 (28:39):
Carriers, we are not going to tolerate states that don't
comply with the rules that come from this department, and
so we are going to First of all, we've identified
several states that have not been a compliance. That would
be Washington, California.
Speaker 2 (29:00):
In New Mexico.
Speaker 1 (29:02):
Those are three states that have not complied with this rule, which,
by the way, this driver in Florida had received a
CDL in Washington, California and was pulled over in July
for speeding and no doubt couldn't speak English language, and
law enforcement in New Mexico did not take his rig
(29:24):
out of service. So this one driver touched all three states.
Based on our review, they are not complying with our rule.
Speaker 2 (29:33):
And so phase one for us, which I'm announcing today, is.
Speaker 1 (29:37):
We are going to give these states thirty days to
come into compliance with truck drivers speaking proficiently the English language,
or we're going to look at federal funding that they
receive under the Motor Carrier Safety Assistance Program.
Speaker 2 (29:56):
So I believe California is.
Speaker 1 (30:00):
Twenty million or thirty million, thirty million, Washington is ten million.
In New Mexico with seven million. Jesse will confirm that
in a second. But these are millions of dollars. By
the way, this is phase one. There are other actions
that we can take to make sure states comply, and
hopefully in the next thirty days we won't have to
withhold any money from them, but if they don't come
(30:22):
into compliance, we will start with withholding this money, and
then we will take additional steps to guarantee compliance. And
this is not just to be clear, this is not
just about saying we have some obscure rule that we
want them to comply with that truck drivers speak English proficiently.
This is about keeping people safe from the road. Your families,
(30:46):
your kids, your spouses, your loved ones, your friends.
Speaker 2 (30:50):
We all use the roadway and we.
Speaker 1 (30:53):
Need to make sure that those who are driving big
rigs semis can understand the road signs, that they've been
well trained, and that when they're pulled over by law enforcement,
they'll stop by law enforcement or there's a crash and
law enforcement responds, they can effectively communicate what they have
(31:13):
on their rig.
Speaker 2 (31:15):
There might be a history that they have to.
Speaker 1 (31:17):
Be able to communicate to law enforcement when they're pulled
over or there's an accident, and if they can't do that,
that creates a significant issue for the traveling public. And
so this is step one, and again we hope there'll
be a compliance in the next thirty days.
Speaker 2 (31:33):
If not, we'll take additional steps with that.
Speaker 1 (31:36):
I do want to turn it over to achieve counsul
from motor carriers. Jesse Ellison to talk a little more
about what our plan is and how we're going to
move forward.
Speaker 3 (31:45):
Jesse, thank you, mister Secretary.
Speaker 4 (31:50):
Before I explain the enforcement actions that FMCSAY will take,
I want to emphasize the two dates that you mentioned.
Speaker 3 (31:57):
May twentieth is the.
Speaker 4 (31:58):
Date the Secretary directed FMCSA to implement a new policy,
and part of that policy included the assessment to determine
whether a driver could meet the English language proficiency requirement,
and by June twenty fifth, when CVSA, the Commercial Vehicle
(32:19):
Safety Alliance, the alliance of the state partners put the
new out of service rule into effect, they shared that
policy with the assessment as part of it with all
of the state partners, so all of the states have
had this information since May twentieth and at the latest
(32:41):
since June twenty twenty fifth. Today, the Federal Mortar Carrier
Safety Administration will be serving a notice of proposed determination
of nonconformity to the states of California, Washington, and New Mexico.
Speaker 3 (32:58):
And this notice proposed.
Speaker 4 (33:00):
Is defining a non compliance with the Motor Carrier Safety
Assistance Program commonly referred to as mix APP with the
qualifying conditions this notice. The mix APP program is FMCSA's
main formula grant program and it provides financial assistance to
(33:21):
states to reduce the number of severity of crashes and
injuries and fatalities. Mix UP funding requires the states to
adopt and enforce laws and regulations compatible with the Federal
Motor Carrier Safety Regulations, which includes the English language proficiency
requirement and let me just quote. What that requirement is
(33:44):
that the Secretary described just a minute ago, But commercial
drivers must be able to 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. The states must enforce ELP requirements to maintain
(34:09):
mix APP funding. Even before the tragic accident in Florida
taking three lives, FMCSA reached out earlier this month to
all of the state partners and asked a couple of questions.
We were reviewing the enforcement data, and we wanted to
know what your plan was, and if you did not
(34:32):
have a plan, what actions you are taking to dep
prioritize your non enforcement actions. And so we took that
feedback and reviewed that in combination with the data that
we were reviewing, and part of that data that I'll
share with you.
Speaker 3 (34:52):
Right now. But those answers were.
Speaker 4 (34:55):
Critical in determining these notices to California and Washington in
New Mexico, because they didn't have a plan or they
hadn't communicated with us the steps that they would take
to deprioritize.
Speaker 3 (35:09):
What they weren't doing.
Speaker 4 (35:11):
What we found in determining California between the enforcement date
of June twenty fifth and August twenty first, so through
last week, was that California has done about thirty four
investigations where they actually cited a violation, and one of
those involved the English Language Proficiency requirement. Very importantly, California
(35:38):
inspected over twenty drivers who had previously been cited in
other states for an English Language proficiency violation and were
taken out of service.
Speaker 3 (35:54):
So what that means is, subsequent.
Speaker 4 (35:56):
To that violation, they drove again in California, and Californfornia
did not honor that previous violation. In Washington, there have
been over that time period from June twenty fifth to
August twenty first, about just over five thousand inspections that
resulted in a violation, six of which did have the
(36:17):
ELP requirement, two of which were not properly done within
the commercial zones. But like California, Washington had at least
four drivers coming to their state who had previously been
cited for an ELP requirement violation and put out of service.
Then they did not respect and honor that previous violation.
(36:39):
In New Mexico. Over that same time period from June
twenty fifth to August twenty first, New Mexico has provided
zero violations out of over.
Speaker 3 (36:53):
About five thousand inspections.
Speaker 4 (36:56):
And like Washington and California, drivers came into New Mexico
about at least seven drivers who had previously been cited
and put out of service for the English language proficiency requirement.
And yet New Mexico, just like Washington in California, did
not honor that previous violation and return them out of service.
(37:22):
Just to underscore this point, if an out of service
violation could be various citations, it could be breaks.
Speaker 3 (37:32):
No state is.
Speaker 4 (37:33):
Going to officer is going to look at a previous
citation of a breake violation in a state a month
before they're doing their inspection and then just not inspect
the breaks and just let that.
Speaker 3 (37:47):
Driver go on their way. And yet all.
Speaker 4 (37:51):
Three of these states are doing that, and they're allowing
people to be on the road that were taken off
the road. So all three of these states will have
thirty days from the notice that we send out today
to respond to the agency and to provide a corrective plan.
And after that thirty days FMCSA will make a final
(38:14):
determination of nonconformity and impose the appropriate sanctions that can
be up to withholding all of the MIXTAP funding.
Speaker 3 (38:24):
And as the Secretary.
Speaker 4 (38:25):
Said, that's just over I think thirty three million in California,
ten and a half million in Washington, and I think
seven million in New Mexico. We anticipate all of the
states coming in compliance. We do not want to penalize
the states. We want the states to comply and to
enforce the English language proficiency requirement, which is directly related
(38:48):
not only to the safety the citizens of their states.
Speaker 3 (38:52):
But the citizens of all of.
Speaker 4 (38:54):
The states around all of the United States with drivers
driving into those states, and that covers the notices.
Speaker 2 (39:05):
Wonderful. This is a quick note.
Speaker 1 (39:09):
We have so many great people who work here at dot.
Jesse and I have worked arm in arm for the
last seven months together.
Speaker 2 (39:18):
You haven't met Jesse yet, you met him today. But
this is a hard work and the dedication that our
team puts in to make sure our.
Speaker 1 (39:28):
Rules and regulations are appropriate to keep people safe.
Speaker 2 (39:31):
I just want to I'll take you questions in a moment.
Speaker 1 (39:33):
But again, we have drivers that were taken out of
service because of English language proficiency. They go to one
of these three states and they're pulled over again. So
their records are run by law enforcement. Of course that's
what law enforcement does, and so law enforcement in those
(39:53):
states seas this is a flashing light. Listen, this person,
this driver was taken out of service in a different
state because they couldn't speak English.
Speaker 2 (40:02):
And what do they do? Nothing?
Speaker 1 (40:05):
They turned them loose, put them back on the road.
We've also asked for plans from these three states, to
which they have not provided them, which has indicated to
us that there has not been a willingness to comply
with this rule. And so this is this is phase one.
We do want compliance.
Speaker 2 (40:22):
We do.
Speaker 1 (40:23):
We don't want to take away money from states, but
we will take money away and will take additional steps
that get progressively more difficult for these states. There's a
lot of great tools that we have here that we
don't want to use. We just want to keep drivers safe,
not in just red states.
Speaker 2 (40:39):
We don't.
Speaker 1 (40:40):
This is Americans drive in all states. In California, Washington,
and New Mexico, Americans driving and they deserve to be
stay safe in those states like in.
Speaker 2 (40:50):
Every other state.
Speaker 1 (40:51):
So that I will take a couple of your questions. Yes, phase,
so this is the this is the only phase I
want to take. And we're giving thirty days for compliance
because I don't want to take away their money. I
don't I want them to get these resources. But if not,
(41:13):
this will be phase one. I'm not going to lay
out all of the phases that we have tools that
we have to garner a compliance, but we have we
have wonderful tools that will make it great challenging for
states to do business.
Speaker 2 (41:30):
If they don't comply at all of.
Speaker 5 (41:32):
The nineteen states in the District of Columbia and don't
consider immigration status when is shooting commercial driver's licenses, is
DOOT will need to ways to those states consider immigration status.
Speaker 8 (41:42):
When is shooting commrcual driver latenses and if.
Speaker 1 (41:45):
So, again Jesse might have a different answer or will
supplement mind. We need we need congressional assistance on this.
But of course I do think we should. We should
be a US citizen or be legally in this country
if you're going to drive. We have a number of
other issues that we deal with with our partners to
(42:08):
the north and to the south that we are trying
to unpack and make sure our laws are complied with.
As I've found out now very quickly from Dresse, this
gets very complicated, very quickly, but we are we are
putting every asset in place to make sure that we
get compliance and get anyone who drives in America to.
Speaker 2 (42:31):
Follow the law.
Speaker 6 (42:33):
I would just add that the rules are very clear
on what's required of issuing a CDL and a non
domicile CDL, and those requirements are a very important part
of the national audit that we're doing with the issuance
of those licenses.
Speaker 7 (42:47):
Where are you at with the audits?
Speaker 4 (42:49):
And we're making progress and we'll have some updates in
the very near future. But we've we've had we've done
a number of states. We still have a lot of
states to do, but we do and we'll.
Speaker 6 (43:04):
Have an update in the very in their future on that.
Speaker 9 (43:08):
And then in some of our reporting, it's come to
my attention that there are the with the EOP that.
Speaker 10 (43:15):
Can only be enforced by CVSA inspectors YEA in states
like Wyoming.
Speaker 8 (43:20):
I was listening to hearing last week.
Speaker 11 (43:22):
You're trying to pass the state law because a state
policeman or sheriffs can't pull someone over a violation of an.
Speaker 8 (43:30):
EOP and it's happening. They're going in different areas of
art in interstates. Is is that correct?
Speaker 1 (43:34):
Is that your.
Speaker 8 (43:35):
Understanding of will?
Speaker 4 (43:36):
No, that's not correct. Both the federal enforcement and the
states can enforce ELP violations and do What's really important
is that the CVSA or the Commercial Vehicle Safety Alliance,
they are the ones who set the the standards for
the North American out of service criteria and that's why
it was significant for them to start that they of
(44:00):
enforcement on June twenty fifth, and so they don't have
to be.
Speaker 10 (44:03):
A federal inspector and to an inspection to pull them
off the road.
Speaker 3 (44:07):
It can be of sheriffs.
Speaker 4 (44:09):
Yet most of our partners are state and local partners
that are performing the ELP assessments.
Speaker 3 (44:18):
And just real quick, the.
Speaker 4 (44:20):
Assessment actually only is triggered when there's a challenge to communicate.
Speaker 3 (44:25):
It's not something that's just always done.
Speaker 4 (44:27):
But if there's a challenge in communication, then there's this
two step assessment process that is part of the as
part of the policy that we issued in that CVSA
incorporated into their guidance.
Speaker 8 (44:41):
One last question.
Speaker 13 (44:42):
Okay, so the violations of the out of service orders
that you mentioned in the three States.
Speaker 8 (44:48):
Do you know where those like non domicile.
Speaker 12 (44:51):
CEOs or.
Speaker 3 (44:54):
So those issues are our separate issues. I do have
an idea on some of those issues.
Speaker 4 (44:59):
But those are those are separate the CDL and the
visa and immigration, and so that we are addressing those issues.
In the future, will we'll have more to say about those,
but right now it's we're sending out notices limited to
English language proficiency, the English language proficiency requirement and the
(45:20):
nonconformity with that requirement.
Speaker 12 (45:26):
Right, serization for the assessment. Was the mythology established?
Speaker 3 (45:36):
Yeah, that's a great question, and so on May twentieth.
Speaker 4 (45:40):
When the Secretary directed FMCSA to issue the guidance, that's
when it was established, and so it's uniformity. There's a
lot of attention paid to that, and so part of
and again this is why I mentioned.
Speaker 3 (45:55):
These two dates, is part of that guidance.
Speaker 4 (45:58):
Includes a two step assessment to determine whether or not
that requirement three ninety one eleven B one is met.
So three ninety one, Part three ninety one is all
of the driver qualifications and this is one of the
ability to sufficiently converse into four categories that I read
(46:19):
that sets the standard and that's what the assessment follows
on whether or not a driver can meet those four
categories that are mentioned in the requirement itself. And so
there's there's question and answers in our guidance portal that's
available to companies to to ensure compliance. But CVSA took
(46:41):
the FMCSA policy and that assessment and used that exactly
and that's what most of the states are using today.
And then that's does that answer your question.
Speaker 15 (46:55):
That I'm curious there's any enforcement I insure that the
app will you know, standardize ACROST.
Speaker 4 (47:03):
So there are specific sets of UH the the questions
for both parts of the assessment and so but they're
but it is up to see VSA in the States
to implement the policy. But there's absolutely an emphasis on
uniformity in in there and they're doing that.
Speaker 2 (47:25):
As we leave.
Speaker 1 (47:25):
Does something to make one last point, I'm I'm and
this is something we're looking at and working on. When
someone an individual comes in to take UH their test
to become a commercial driver and then they do a
skills test. Have my CDL for thirty years, I think
(47:47):
it's it's a process in which we all go through
and uh, at that point it would be clear that
this driver doesn't understand all the road signs and doesn't
speak the language, but miraculously they're passing the skills test
that I think any common sense analysis would say, well,
(48:07):
that doesn't make sense.
Speaker 2 (48:09):
How could that happen?
Speaker 1 (48:10):
And so just to note for a future reference, we
are going to be looking at that as well. How
are these tests being administered and are they are they
following the rules?
Speaker 2 (48:22):
And is there some gaming of the system that we
have to address.
Speaker 1 (48:27):
I would just tell you all stay tuned. We are
going to again we have been on this before, you
all recovering it. We're going to stay on it because again,
this is about keeping our American road safe. And that
we lost three people for no purpose, no reason, but
(48:50):
for a driver who should not have been driving a
big rad that's not acceptable. And I do hope it's
my wish that the states understand the common sense nature
of what we're doing and they comply and they become
good partners.
Speaker 2 (49:07):
That would be my hope. And because this is this
is again, this is not about politics.
Speaker 1 (49:12):
This is about doing the right thing by way of
the American people and keeping individuals and families safe as
we all use our roadways, so that thanks think of
coming out and stay tuned for more developments as we
continue to push these common sense
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