Non-English Speaking Truck Drivers Surge As Crashes Mount Nationwide

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ecent crashes, including a multi-fatality crash in the state’s capital city of Austin earlier this year, have raised the issues of safety and qualification to the forefront of attention. American Truckers United posted on social media on Friday: “Texas is largely responsible for the truck drivers that don’t speak English on America’s roadways. They are predominantly originating from the state of Texas.”

According to the graph posted by the group showing the number of drivers put out of service for failing to meet English Proficiency Standards, Texas is not even close to second-place Illinois. The graph shows nearly 800 out-of-service orders issued to Texas drivers due to a lack of proficiency in the English language. Illinois follows with fewer than 350. California, Florida, and Ohio round out the top five.

“The trucking industry in Texas is prioritizing cheap labor by favoring non-citizens over American citizens, compromising safety nationwide,” American Truckers United Spokesman Shannon Everett said on Monday. “What starts as a Texas issue becomes a national crisis when drivers from these companies—failing English proficiency standards—are exported across America, demanding urgent intervention.”

The White House has revealed President Donald Trump would sign an executive order ensuring that truckers would be adept at speaking English:

“President Trump believes that English is a non-negotiable safety requirement for professional drivers, as they should be able to read and understand traffic signs, communicate with traffic safety officers, border patrol, agricultural checkpoints, and cargo weight-limit station personnel, and provide and receive feedback and directions in English.”

However, it appears Texas will not enforce this requirement for truck drivers who drive only within the borders of the Lone Star State, according to a report by WFAA ABC8 in Dallas.

The ABC affiliate reported on an internal email from Texas Department of Public Safety Major Omar Villarreal to commercial vehicle inspectors that said, in part, that English violations and out-of-service orders “will only apply to motor carriers engaged in interstate operations.”

Trucking attorney Lin McCraw told WFAA that this is a policy decision by the state of Texas. “It would require a legislative change, but it’s absolutely something they can do,” she said.

If a change in legislation is required, as stated above, the Texas Legislature is about to begin a third special session.

Responding to the inquiry on Monday, Governor Abbott’s spokesman Andrew Mahalleris said, “Governor Abbott expects trucking companies in Texas to fully comply with President Trump’s Executive Order. Public safety is priority #1, and we must ensure that truckers are able to navigate Texas roadways safely and efficiently.” The issue is being forwarded to the governor’s executive office for review.

In June, a Cuban migrant was arrested and charged with five counts of manslaughter after he reportedly fell asleep at the wheel and plowed into a traffic jam of trucks and cars on Interstate 20 near Wills Point, Texas. The driver, Alexis Osmani Gonzalez-Companioni, did not speak English; however, that claim has not been substantiated in the resulting police investigation.

This crash followed on the tail of another fatal crash near Austin, where Solomun Weldekeal-Araya was also arrested and charged with five counts of intoxication manslaughter, Fox 7 in Austin reported:

The driver of the truck-tractor was detained at the scene after an officer was told by a witness that one of the involved drivers was trying to leave. The officer then saw a man hiding in the private cabin area of the truck and peeking his head out of the curtains. The driver was detained and identified as Solomun Weldekeal Araya. The affidavit says he spoke mostly Tigrinya, a language spoken in Eritrea and northern Ethiopia, but also understood and spoke English.

The affidavit did not state whether the police conducted an English proficiency examination.

Last month a semi-truck driver in Florida, Harjinder Singh, who killed three while making an illegal U-turn, failed an English-language proficiency test by correctly responding to only two of 12 verbal questions. He could also only identify one of four highway traffic signs, according to investigators. The State of Washington issued him a “regular full-term Commercial Driver’s License” on July 15, 2023. The State of California issued also him a “limited-term/non-domiciled CDL” on July 24, 2024. Florida officials described Singh as an “illegal alien from California.”

American Truckers United argues that federal law should preempt the state policy. After exhaustive research during an attempt to change Arkansas law with HB1569, the group said that “STATES can regulate Commercial Motor Vehicles but the laws HAVE TO BE MORE STRINGENT than federal standards not less which is the case in TEXAS.” The group cites the following:

Federal Law and Preemption Under 49 U.S.C. § 31141

Under 49 U.S.C. § 31141, the U.S. Secretary of Transportation has the authority to review state laws or regulations on CMV safety to determine if they are compatible with federal regulations issued under the Motor Carrier Safety Act. Here’s how it applies:

1. State Authority to Regulate:
   • States can enact laws or regulations on CMV safety that are more stringent than federal standards, as long as they do not conflict with federal law or unduly burden interstate commerce. This stems from the principle that federal regulations (e.g., those in 49 C.F.R. Parts 383, 391, etc.) set a minimum baseline, and states can impose additional requirements under their police powers.
2. Federal Review Process:
   • 49 U.S.C. § 31141(b) allows the Secretary of Transportation to review a state law or regulation on CMV safety upon request or on their own initiative.
   • The Secretary evaluates whether the state law:
     • Has the same effect as a federal regulation under 49 U.S.C. § 31136 (CMV safety standards);
     • Is less stringent than the federal regulation (in which case it is preempted); or
     • Is more stringent but either:
       • Has no safety benefit;
       • Is incompatiblewith federal regulations; or
       • Creates an unreasonable burden on interstate commerce.

1. Outcome of Review:
   • If the law is deemed more stringent and meets the criteria of having a safety benefit, being compatible with federal rules, and not unduly burdening interstate commerce, it can stand and be enforced by Arkansas.
   • If it fails any of these tests (e.g., incompatibility with federal reciprocity rules or excessive burden on commerce), the Secretary can issue an order declaring it preempted and unenforceable.
2. Enforcement Decision:
   • The review determines whether Arkansas can enforce it. If the Secretary finds it valid, Arkansas enforces it as state law. If preempted, it’s voided, and federal standards (e.g., FMCSA rules) would govern instead.

In December, Major Villarreal petitioned the Federal Motor Carrier Safety Administration, asking for an amendment to the federal regulations to include a prohibition of the Mexican Licencia de Conductor and Canadian-issued commercial driver’s licenses from reciprocal recognition when engaged in the intrastate commerce outside a driver’s jurisdiction of domicile. In addition, the petition requests that Mexican and Canadian drivers can apply and test for a non-domiciled CDL in the United States with proper work authorization and legal standing.

The petition includes 17 pages of testimony from Texas DPS officers “that illustrate the rampant fraud involved when we allow truck drivers to use licenses from Foreign countries such as Mexico,” an American Truckers United spokesman said on Monday. Spokesman Everett added:

We completely agree that foreign CDLs present an unbelievable amount of fraud into our system that is unacceptable.  That’s why we have called on Secretary Duffy to ban both Foreign CDLs and Non Domicile CDls.  Where Marjor Villareal is mistaken is by recommending that we further expand the Non-Domicile commercial drivers license to Mexico and Canada.  Just another credential that has been proven to be exposed to rampant fraud and abuse as recently seen in the Florida U Turn crash where the illegal alien truck driver possessed a Non-Domicile commercial drivers license from California.

American Trucker United wrote to Transportation Secretary Sean Duffy asking for a ban on non-domiciled CDLs for non-citizens. Everett asked the secretary to restrict foreign drivers to trade zones only.

“Your leadership is vital to ensuring safer commercial motor vehicle operations and equitable opportunities for American truck drivers,” he told Duffy.

“These practices enable unauthorized domestic freight hauling, displace American workers through unfair wage competition, and pose significant safety and security risks due to inadequate driver vetting,” he concluded. ✪