The state of California has filed a lawsuit against the U.S. Department of Transportation, Federal Motor Carrier Safety Administration and FMCSA chief Derek Barrs challenging FMCSA’s decision to withhold federal funding for the state’s lack of enforcement of English language proficiency requirements.
The lawsuit was filed late Friday, Dec. 12, in the U.S. District Court for the Northern District of California.
DOT Secretary Sean Duffy announced in October that FMCSA would withhold $40 million in Motor Carrier Safety Assistance Program (MCSAP) funding. DOT’s move followed a warning in August that gave the state 30 days to come up with a plan to comply with rules requiring enforcement of English language proficiency as an out-of-service violation.
In its lawsuit, California said it “has adopted and enforces standards requiring commercial drivers to read and speak English that are compatible with Federal Motor Carrier Safety Regulations,” adding that the state “requires, tests for, and determines that drivers have English language proficiency as a condition of obtaining a commercial driver’s license (CDL) or a commercial learner’s permit (CLP).”
[Related: DOT penalizes California $40M over repeated refusal to enforce English language regs for truckers]
The state also said it “prohibits applicants who are unable to read or speak English sufficiently to pass the required tests from obtaining these licenses.” Finally, California contended that FMCSA has accepted the state’s Commercial Vehicle Safety Plans detailing its process of issuing CDLs for many years without comment.
California appears to be the only state that interprets federal regulations that way, as others have begun placing drivers out-of-service at roadside for demonstrating a lack of English after the violation was added back into the OOS rules in June.
California said it received notice on Aug. 26, 2025, from FMCSA that it “had not enacted laws 'compatible' with federal regulations and that California was out of compliance with a federal requirement to place drivers out-of-service if they fail to exhibit English language proficiency.”
The state responded to FMCSA’s preliminary notice on Sept. 25 and explained that “its laws, regulations, standards and orders are either identical to or have the same effect as the federal safety requirements -- including the English language proficiency requirement -- and that California properly enforces this requirement” through its CDL licensing procedures.
In an Oct. 15 Notice of Final Determination of Nonconformity from FMCSA to California, “FMCSA asserted that California’s extensive testing procedure and legal requirement that commercial driver’s license applicants demonstrate English language proficiency were not compatible with federal requirements,” the lawsuit said, adding that FMCSA told the state that its obligation to enforce federal ELP requirements “does not cease after its issuance of a license.”
[Related: ELP violators do worse at inspections, safety scores: Study]
In that October notice, FMCSA advised California that its Commercial Vehicle Safety Plan would be retroactively rejected and, as a result, reimbursement for any highway safety programs funded through MCSAP would be denied and future requests would also be rejected.
“California estimates that FMCSA’s actions will initially deprive it of millions of dollars in grant funding that was to be used to promote highway safety,” the lawsuit noted. “These losses will only increase if FMCSA’s decision is allowed to stand.”
[Related: Trucking English language enforcement: The toughest and most lax states]
The state claims that FMCSA’s decision to end its MCSAP funding “was arbitrary and capricious, an abuse of discretion, and contrary to law; imperils the safety of all persons driving in California; and threatens to wreak significant economic damage on the state and the nation.”
The lawsuit asks the court to vacate FMCSA’s action terminating the state’s MCSAP funding and enjoin DOT, FMCSA and Barrs from re-obligating or distributing the funds elsewhere or from otherwise transferring the funds.
California isn't the only state that DOT has threatened to pull MCSAP funding for lack of compliance this year, yet other states -- New York, Minnesota and Pennsylvania -- are under the DOT's microscope for their non-domiciled CDL issuance practices rather than ELP enforcement.
Download the full complaint filed in the district court here.
[Related: California says English tests at roadside for truck drivers not needed after $40M DOT penalty]
