California's State Transportation Agency has doubled down on a letter denying any wrongdoing with regard to English language proficiency enforcement for commercial truck drivers after DOT pulled $40 million in funding from the state.
DOT in August put California, Washington and New Mexico on notice that if the states did not present a plan to start enforcing ELP as an out-of-service violation within 30 days, they would risk losing federal funding.
Washington replied at length and instituted changes. New Mexico, too.
California alone defied DOT and to this day does not put drivers who can't communicate in English out-of-service.
A letter from California's STA delivered to DOT in September, which the STA says it still stands by, revealed the state's intentions with respect to ELP enforcement:
[Related: Six states issuing CDLs 'not consistent with federal regulations': What's going on]
The letter, dated September 25 (the DOT's original deadline for a response to its charges of a lack of ELP enforcement), presents California's rationale beginning with saying it "is fully compliant with Motor Carrier Safety Assistance Program requirements, applicable federal regulations, and California’s Commercial Vehicle Safety Plan approved by the Federal Motor Carrier Safety Administration earlier this year."
