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The Changing Rules & Regulations for California Truck Drivers Explained
California’s trucking industry is navigating one of its most disruptive regulatory periods in years. Recent federal audits, intensified FMCSA enforcement, and longstanding California labor laws are converging at the same time, creating new compliance demands for carriers, staffing firms, and transportation employers statewide.
These changes are not theoretical. They directly affect who can legally operate a commercial vehicle, how English Language Proficiency (ELP) is evaluated in the field, and whether drivers can be classified as independent contractors under AB5. As enforcement increases, many carriers are already experiencing reduced driver availability, more frequent inspections, tighter verification requirements, and greater legal and insurance exposure if gaps exist.
To help transportation employers understand what is happening and how to respond, we spoke with Anthony Valentin, Vice President of Staffmark Drivers Group. In this Q and A, Anthony answers the most pressing questions around California truck driver regulations, explains why federal oversight intensified this year, and outlines practical steps carriers can take to stay compliant while keeping their operations running.
Staffmark invites you to read on, and if questions come up, our Drivers Team is available at SantaFeTransportation@staffmark.com.
VP of Staffmark Drivers Group
- Q1: Why is California seeing so many simultaneous driver-related regulatory changes and enforcement actions?
A: Several high-profile commercial truck accidents, combined with increased federal oversight, triggered a deeper review of California’s CDL issuance and enforcement practices. The Federal Motor Carrier Safety Administration (FMCSA) conducted federal audits and identified systemic noncompliance, particularly around English Language Proficiency (ELP) enforcement and non-domiciled (limited-term) CDL issuance.
As a result, USDOT and FMCSA implemented new federal rule changes and significantly increased enforcement of existing regulations. Emergency and interim rules were issued after audits revealed that some states (including California) were not consistently enforcing federal CDL standards.
The federal government is now using rulemaking authority and funding leverage to force state-level compliance.
- Q2: What’s happening with non-domiciled CDLs in California, and why were so many revoked?
A: FMCSA audited California DMV’s process for issuing CDLs and CLPs to non-domiciled drivers (drivers with limited-term legal presence) and found a high rate of noncompliance. Audit samples revealed licenses issued beyond authorized work periods and other regulatory violations.
Following these findings, FMCSA classified the issues as systemic and required immediate corrective action. On September 29, 2025, FMCSA issued an interim final rule restricting non-domiciled CDL and CLP issuance nationwide. California followed by pausing both issuance and renewals.
As a result, FMCSA initiated revocation of approximately 17,000 non-domiciled CDLs, stating the action was necessary to restore integrity to the federal CDL program and ensure drivers meet eligibility standards.
- Q3: How has the September 29, 2025, deadline impacted California’s driver workforce?
A: FMCSA audited California DMV’s process for issuing CDLs and CLPs to non-domiciled drivers (drivers with limited-term legal presence) and found a high rate of noncompliance. Audit samples revealed licenses issued beyond authorized work periods and other regulatory violations.
Following these findings, FMCSA classified the issues as systemic and required immediate corrective action. On September 29, 2025, FMCSA issued an interim final rule restricting non-domiciled CDL and CLP issuance nationwide. California followed by pausing both issuance and renewals.
As a result, FMCSA initiated revocation of approximately 17,000 non-domiciled CDLs, stating the action was necessary to restore integrity to the federal CDL program and ensure drivers meet eligibility standards.
- Q4: How will increased English Language Proficiency (ELP) enforcement affect carriers and drivers?
A: Expect more roadside inspections, more scrutiny, and more out-of-service determinations. FMCSA and state enforcement agencies are actively reviewing driver qualifications, including ELP compliance.
Drivers who fail ELP checks may be placed out of service, delayed while appealing citations, or required to retest—reducing immediate hauling capacity. Carriers will need documented ELP screening processes and retraining for HR, safety, and dispatch teams.
California was specifically cited by FMCSA for failing to enforce ELP standards adequately, which increases the likelihood of continued federal oversight and inspections.
- Q5: Why was California singled out on ELP enforcement—and what does the funding hold mean?
A: FMCSA’s post-implementation review found California’s ELP enforcement and reporting inconsistent with federal expectations. Audit data showed very few ELP out-of-service actions, even where violations were identified elsewhere.
As a result, FMCSA deemed California non-compliant and announced it would withhold approximately $40 million in Motor Carrier Safety Assistance Program (MCSAP) funds, with an additional $160 million at risk if deficiencies are not corrected.
Loss of funding impacts safety inspections, enforcement programs, and training grants—creating substantial pressure on California to act quickly.
- Q6: What must carriers and staffing firms do now to verify English proficiency?
A: Carriers should immediately implement documented ELP screening protocols. This can include FMCSA-recommended interview questions, approved commercial ELP assessments, and clear recordkeeping in each driver’s file.
Training supervisors, dispatchers, and HR teams on ELP requirements—and on response protocols if a driver fails an inspection—is strongly recommended to avoid operational disruptions.
- Q7: How has AB5 changed the use of owner-operators in trucking?
A: California’s AB5 law applies the ABC test to determine whether a driver is an independent contractor. To classify a driver as an owner-operator, carriers must prove:
A: The driver is free from control and direction
B: The work is outside the usual course of the carrier’s business
C: The driver operates an independently established business
In trucking, Part B and Part C are especially difficult to meet, making true independent contractor relationships increasingly rare.
- Q8: What risks do companies face for misclassifying drivers under AB5?
A: Misclassification can result in back wages, unpaid overtime, payroll taxes, penalties, interest, and benefits exposure, along with workers’ compensation and insurance issues. Misclassification may also invalidate certain insurance coverages—dramatically increasing risk after an accident.
Companies also face potential class-action lawsuits and operational disruption from forced reclassification.
- Q9: What happens if a carrier dispatches a driver with an invalid or revoked CDL?
A: Risks include regulatory penalties, out-of-service orders, civil liability, and—in extreme cases—criminal exposure if willful noncompliance is proven.
Long-term brand and relationship damage is common. Shippers and brokers may refuse loads or terminate contracts if compliance failures surface.
- Q10: What should California transportation employers do right now?
- Verify all CDL and CLP statuses immediately
- Strengthen and document ELP screening processes
- Conduct an AB5 classification audit with legal counsel
- Review insurance and coverage exclusions tied to compliance
- Execute a redundancy-focused staffing strategy, including recruiting domiciled drivers, expanding training pipelines, and using compliant staffing partners
- Engage early with CA DMV, FMCSA, and industry associations
- Communicate proactively with shippers and brokers about compliance efforts
- Q11: Where can businesses stay informed on future California trucking regulations?
- FMCSA and U.S. DOT rulemaking and enforcement pages
- California DMV notices and CDL updates
- FMCSA audit determinations and corrective action reports
- Employment law firms and transportation trade associations
