New Mexico State Police responds to criticism over CDL language proficiency enforcement

Ricky Serna, Cabinet Secretary for Department of Transportation - New Mexico Department Of Transportation
Ricky Serna, Cabinet Secretary for Department of Transportation - New Mexico Department Of Transportation
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New Mexico State Police Chief Troy Weisler addressed recent comments from federal officials regarding the state’s Commercial Driver’s License (CDL) policy and its approach to English Language Proficiency (ELP) testing. Weisler stated that federal authorities have mischaracterized New Mexico’s compliance with federal ELP requirements.

The issue follows a July 3, 2025, traffic stop where a New Mexico State Police officer cited commercial truck driver Harjinder Singh for speeding. Singh was later involved in a fatal crash in Florida.

Federal guidelines for ELP testing took effect on June 25, 2025. Weisler explained that while general guidance was provided by federal authorities, no standardized procedure was issued. When state police requested clarification, the response received was limited to: “You know when somebody doesn’t speak English.”

Weisler noted that before the new guidelines took effect, New Mexico asked several times whether further guidance would be provided and were told it would not be. As a result, the state developed its own process to comply with the requirements.

“This process required careful review and statewide training for our personnel to ensure consistent and fair application,” Weisler said. “It was critical that we implement this correctly, both to comply with federal law and to reduce the risk of litigation, as has occurred in other states such as Florida.”

Weisler disputed statements made by Secretary Duffy of the US Department of Transportation at a press conference. He stated: “Contrary to statements made at the US Department of Transportation’s press conference this morning by Secretary Duffy, we kept the Federal Motor Carrier Safety Administration (FMCSA) field division in New Mexico informed of our progress with updates on July 24 and again on August 12, 2025. This was all prior to our agency becoming aware of the tragic crash that occurred in Florida.”

He added that New Mexico remains on track with its implementation timeline and will begin enforcing ELP requirements on September 1, 2025.

Addressing questions about Singh’s July traffic stop, Weisler said an ELP assessment would not have been performed even if the rules had already been active. According to federal guidelines and statements from the U.S. Department of Transportation, assessments are only necessary when there is difficulty communicating. Video footage from the stop showed no communication issues between Singh and the officer.

Weisler also pointed out challenges officers face in determining whether a driver has previous violations or has been placed out of service during roadside stops since there is no automatic alert system; officers must manually search databases for such information.

He clarified that safety warnings mentioned by Secretary Duffy reflect company-wide safety scores rather than individual drivers’ records.

“The tragic loss of life recently suffered by the people of Florida serves as a painful reminder of why these regulations matter,” Weisler said. “We extend our deepest condolences to the families and communities affected by this tragedy. Ensuring the safety of all who travel on our nation’s roadways remains our highest priority, and we are committed to applying these requirements with the seriousness and consistency they demand.”

Weisler emphasized ongoing cooperation with federal partners: “The New Mexico State Police will continue to work closely with our federal partners to provide clarity, accountability, and consistency in the application of English Language Proficiency testing. Our mission has always been, and will continue to be, safeguarding the people of New Mexico and all those who travel through our state.”

A video recording from the July traffic stop is available at https://youtu.be/gF2dI1iBIE8?si=ihxKK1q364mc4eNi



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