Latest news with #MCSAP
Yahoo
3 days ago
- Automotive
- Yahoo
Will Texas Enforce FMCSA English Proficiency Rules for Intrastate CDL Drivers?
In Texas, drivers who cannot read or speak English may still be issued commercial driver's licenses if they operate solely within the state's borders. This policy is not new. Per Texas Transportation Code § 522.043(b), the state prohibits requiring English language proficiency for intrastate-only CDL holders. The Texas Administrative Code and the official Texas Commercial Motor Vehicle Driver Handbook support this stance, noting that ELP only applies to interstate drivers. But a new enforcement directive from FMCSA, effective June 25, states that any commercial motor vehicle (CMV) driver failing to meet the English proficiency standard under 49 CFR 391.11(b)(2) will be placed out of service if operating in interstate commerce. The issue? Texas isn't enforcing this for intrastate fleets and never really has. Federal Funds at Risk? MCSAP Says Maybe This enforcement discretion may violate the Motor Carrier Safety Assistance Program (MCSAP), a federal grant program that gives states funding for enforcement in exchange for aligning with FMCSA safety regulations. 49 CFR 350.305 outlines the limited list of allowable state-level variances. English proficiency isn't one of them. So, unless Texas has formally petitioned FMCSA for a variance – and DPS leadership confirms the state hasn't – Texas' refusal to enforce this could jeopardize MCSAP funding. TDPS Says No to ELP Enforcement, But FMCSA Says That's Changing The Playbook directly messaged leadership at Texas DPS, and the agency stated that it does not have a formal FMCSA-approved exemption. However, historically, FMCSA has turned a blind eye. That leniency may be coming to an end. Texas never enforced English proficiency for Intrastate drivers before the 2014-2015 FMCSA enforcement directive and still hasn't. But now, with FMCSA saying ELP violations will result in out-of-service orders, the conversation is shifting. Texas may be forced to act if FMCSA chooses to enforce funding eligibility under MCSAP. What's at Stake for Fleets? For now, fleets operating intrastate in Texas may continue employing non-English-speaking drivers with a restricted CDL if they stay within the state. But carriers need to be extremely careful: Interstate operations are subject to federal ELP enforcement. That includes for-hire and private carriers operating across state lines or hauling loads that begin or end outside Texas. MCSAP enforcement could force Texas to revise its policies or risk losing significant federal funding. Border state complications may emerge. As a border state, Texas is uniquely exposed to federal scrutiny, especially given the broader political climate and FMCSA's evolving enforcement stance. Compliance Is No Longer Optional The key takeaway? Carriers must evaluate whether their drivers are genuinely intrastate and ensure their CDL designations, load documentation and operational areas support that claim. The days of looking the other way on English proficiency may be numbered. As the FMCSA steps up enforcement and grant eligibility becomes more stringent, states like Texas may be forced to close the gap between state law and federal expectations or risk the financial and regulatory fallout. The post Will Texas Enforce FMCSA English Proficiency Rules for Intrastate CDL Drivers? appeared first on FreightWaves.
Yahoo
25-04-2025
- Automotive
- Yahoo
Watchdog calls out lax FMCSA oversight of $2B in grant money
WASHINGTON — The Federal Motor Carrier Safety Administration must do a better job of overseeing and keeping track of billions of dollars of taxpayer money aimed at preventing truck crashes, according to a government watchdog. In an audit report released Friday on the agency's Motor Carrier Safety Assistance Program grant program, the Transportation Department's Office of Inspector General (OIG) revealed that FMCSA's division offices do not always follow the agency's MCSAP monitoring policies and procedures. In site visits conducted between May 2023 and February 2025 at FMCSA division offices in four sample states – Arizona, California, Texas and Virginia – OIG auditors also found that the guidelines FMCSA provides its division offices for reviewing grant recipients' MCSAP reimbursement requests are 'insufficient and outdated.' In addition, auditors concluded that FMCSA 'faces challenges prioritizing Commercial Vehicle Safety Plan [CVSP] goals and performance tracking.' The reason for the audit – and why the findings are so concerning – is that the Infrastructure Investment and Jobs Act, signed by then-President Joe Biden in November 2021, authorized over $2 billion in appropriations over five years for MCSAP state grants, along with $400 million in supplemental funds – a 61% increase over the previous five years. 'Because of this substantial increase in MCSAP grant funding and the importance of FMCSA oversight of state plans to reduce crashes and enforce commercial motor vehicle regulations, we initiated this audit,' the OIG stated. 'FMCSA reported that 5,176 fatalities involving large trucks and buses occurred in 2023. FMCSA needs to apply strong monitoring activities to verify funds are expended on eligible expenses that increase CMV [commercial motor vehicle] safety.' To make the necessary oversight improvements, the OIG made five recommendations to FMCSA's administrator (summarized): Issue guidelines that clearly and comprehensively address MCSAP oversight responsibilities, including documentation and supervisory reviews of quarterly report monitoring. Revise annual risk assessment guidelines to include an assessment of MCSAP-specific risks, emphasizing organizational management factors. Develop and implement a process to notify FMCSA's state programs division of grantees that receive a medium or high priority level from the annual risk assessment. Revise monitoring plan guidelines to incorporate supervisory review and approvals of monitoring plans and verify plans are fully completed and include a rationale for any activities not completed. Revise guidelines on the impact of CVSP goal performance for creating a clear line between the performance of CVSP goals and when to take enforcement action and urge division offices to document oversight of CVSP goals. FMCSA told the OIG it planned to implement the five recommendations by Dec. 31. Inflation means Biden's infrastructure package gets less bang for the buck FMCSA changing how it identifies unsafe carriers FMCSA may face trouble in assessing carrier safety scores FMCSA action against 2 doctors threatens licenses of over 15,000 truckers Click for more FreightWaves articles by John Gallagher. The post Watchdog calls out lax FMCSA oversight of $2B in grant money appeared first on FreightWaves.
