Transportation secretary criticizes New Mexico in Florida semitruck crash investigation

Transportation Secretary Sean Duffy launched an investigation into a fatal Florida crash this week, which includes looking at how New Mexico State Police have implemented English language tests of truck drivers.

“This crash was a preventable tragedy directly caused by reckless decisions and compounded by despicable failures,” Duffy said in a statement Tuesday. “Non-enforcement and radical immigration policies have turned the trucking industry into a lawless frontier, resulting in unqualified foreign drivers improperly acquiring licenses to operate 40-ton vehicles.”

Duffy called out New Mexico State Police on social media for not administering an English proficiency test during a July traffic stop in New Mexico involving the semitruck driver who crashed in Florida last week. Now the State Police chief is concerned federal funding for highway safety could become politicized and wants clearer guidance on implementing proficiency tests.

“I think after yesterday, we have some concern about the politicization of the process,” New Mexico State Police Chief Troy Weisler said Wednesday. “... The main concern is: there’s a lack of direction. There’s very little. It’s kind of like, ‘Y’all figure this out. If it’s not right, we might take away your funding.’ But you’re not really giving us any guidance.”

Drivers with a commercial driver’s license have long been required by law to be proficient in English, but President Donald Trump issued an executive order in April increasing enforcement.

Under previous policy, drivers would only be cited if they admitted they couldn’t speak English. Under the Trump policy, drivers are placed out of service if they can’t demonstrate English proficiency during roadside inspections.

Three people were killed after a semitruck driver allegedly caused a crash in Florida last week by making an illegal U-turn on a highway. The driver is charged with three counts of vehicular homicide and immigration violations, according to Associated Press reporting.

Duffy announced a Federal Motor Carrier Safety Administration investigation into the crash on social media platform X on Tuesday.

The driver, Harjinder Singh, failed an English Language Proficiency Assessment administered by FMCSA investigators. He provided two correct responses in the 12 question verbal test and accurately identified one of four highway traffic signs, according to a Department of Transportation news release.

The investigation found that the state of Washington issued Singh a regular full-term commercial driver’s license in 2023, even though asylum seekers or people without legal status are not eligible for that type of license, according to the news release. In 2024, California issued him a limited-term/non-domiciled CDL.

Preliminary findings from the FMCSA investigation also found that on July 3, New Mexico State Police stopped Singh for speeding and conducted a roadside inspection but did not do an English language proficiency test. Singh was issued a speeding ticket.

“New Mexico has not yet begun enforcing (English language proficiency) as an out-of-service condition, despite the requirement being in effect since June 25,” the release reads.

Typically, state police would administer an English proficiency test if they have a reason to think a truck driver is not proficient in English, the same way police administer field sobriety tests if they believe someone could be inebriated, Weisler said.

“We did an inspection. We interacted with him. He appeared to be able to communicate fine. … We didn’t have a reason to ever give it,” Weisler said.

Federal guidance to the agency offered several options for ways to test English proficiency, but said there needed to be a reason to administer a proficiency test, according to Deputy Chief Matt Broom.

“We had to develop basically our own test, because there was no real guidance from the fed side on how to do that,” Broom said.

Weisler is concerned politicization of highway safety regulations could imperil a significant chunk of funding. Close to $7 million in federal dollars comes to New Mexico State Police from a Motor Carrier Safety Assistance Program grant.

The money helps state and local law enforcement agencies increase enforcement of commercial vehicles. The federal government has been trying to tie the funds to English language proficiency enforcement, Weisler said.