Day 6: Lost in Translation

A 5-year-old boy died when a cocaine-impaired concrete truck driver crashed into his school bus. Five people perished when a former Cuban Communist official fell asleep at the wheel of his 18-wheeler.

I always found it weird that if you’re heavy, it was deemed unsafe…unless you paid for a permit. Does the permit or law that allows the permit suddenly make being overweight safe again? That’s just one example. In today’s cases, we discuss Texas contradictions regarding ELP for CDL drivers. Texas certainly agrees that a lack of English proficiency is an issue. FMCSA ELP enforcement numbers released for July show Texas is enforcing ELP more than anyone at a federal interstate, for-hire capacity, but what about their Intrastate CDL drivers? Texas Transportation Code Section 522.043(b) explicitly states that "the department may not administer examinations or tests relating to the applicant's proficiency in the English language." If applicants cannot communicate sufficiently in English with Department of Public Safety personnel, Texas may issue them commercial driver's licenses "restricted to operation in intrastate commerce."

Does the fact that you only operate with a CDL in Texas mean you don’t need to speak English, and because you operate Intrastate, that somehow makes you a safer, non-English speaking driver because you serve the Texas economy?

The deaths of Ulises Rodriguez Montoya and the McKellar family showcase a contradiction in some state and federal trucking regs. While fed regs require English proficiency for interstate drivers, Texas state law explicitly prohibits testing commercial drivers' ability to communicate in English, creating a regulatory gap that puts lives at risk.

An investigation into these crashes reveals how Texas Transportation Code Section 522.043(b) has created a haven for drivers who cannot meet federal communication standards, while mounting federal pressure threatens to strip the state of millions in safety funding unless it aligns with national requirements. In July's ELP enforcement statistics, Texas is leading the way, but it is unclear whether CDL operators operating in intrastate-only commerce are included in those figures.

The Concrete Truck and the School Bus

On the afternoon of March 22, 2024, Jerry Hernandez guided his concrete pumper truck down State Highway 21 in Bastrop County, carrying the weight of multiple addictions and three hours of sleep. Court documents reveal he had consumed cocaine at 1 a.m. that morning and smoked marijuana the night before.

At 2 p.m., as 44 pre-kindergarten students and 11 adults returned from a field trip to the Bastrop Zoo, Hernandez's truck veered across the double yellow line and slammed into their Hays CISD school bus.

The impact killed 5-year-old Ulises Rodriguez Montoya instantly. The force also struck a Honda Tucson driven by 33-year-old Ryan Wallace, a University of Texas doctoral student who died at the scene. The school bus flipped onto its side, sending dozens of children and adults to hospitals.

Hernandez should never have been behind the wheel. Federal Motor Carrier Safety Administration records show he had been "prohibited" in the Clearinghouse from operating commercial vehicles since April 2023, when he failed a drug test for cocaine use. Two previous violations, a refusal to test in September 2020 and a positive marijuana result in December 2022, had already marked him as a repeat offender in the federal Drug and Alcohol Clearinghouse.

His employer, FJM Concrete Pumping LLC, never checked.

"He should never have been allowed to operate the pumper truck," said Dr. Joe Michels, a logistics expert with Solomon Bruce Consulting. "He was prohibited from driving the pumper truck and his employer failed to verify his status."

Company owner Francisco Martinez Jr. admitted to investigators that he never verified Hernandez's commercial driver's license status or checked the federal clearinghouse before hiring him, a violation that legal experts say represents criminal negligence in hiring practices.

FMCSA declared Hernandez an imminent hazard to public safety on March 29, 2024, noting his "blatant violations of the FMCSRs and disregard for the safety of the motoring public." Hernandez accepted an 18-year prison sentence in a plea deal reached in June 2025, formally pleading guilty to two counts of manslaughter. The state dismissed the remaining charges, and formal sentencing is scheduled for September 18, 2025.

The Interstate Pileup

Three months later and 200 miles north, another tragedy unfolded on Interstate 20 near Terrell when Alexis Osmani Gonzalez-Companioni fell asleep behind the wheel of his 18-wheeler and plowed into stopped traffic at 65 mph.

The June 28, 2025, crash killed five people. Four members of the McKellar family, Zabar, 52; Krishaun, 45; Kason, 16; and Billy, 79, who were traveling together in a Ford F-150, along with Nicole Gregory, 49, of Dallas, who was in another vehicle. The collision triggered a chain reaction involving three semis and four passenger cars.

Unlike Hernandez, Gonzalez-Companioni, 27, held no history of drug violations, but his background raised different questions about driver qualification and immigration status that continue to reverberate through federal enforcement agencies.

Before arriving in Miami in 2020, Gonzalez-Companioni served as president of Cuba's Federation of University Students at the Central University of Las Villas and held a position on the Provincial Committee of the Union of Young Communists in Villa Clara. According to Cuban news outlet Cubanos por el Mundo, he entered the United States with an ESTA visa that allows only 90-day stays but settled permanently in Florida and never returned to Cuba. Under federal immigration law (8 U.S. Code § 1182), foreign communists and those who lie on visa applications are inadmissible to the United States.

Yet somehow, Gonzalez-Companioni obtained a commercial driver's license and was hauling U.S. Postal Service loads from Atlanta to Texas for Hope Trans LLC, an Orlando-based trucking company with a troubling safety record.

A Company Under Scrutiny

Federal safety data reveals even more troubling details about Hope Trans's operations. The company had a 46.2% vehicle out-of-service rate during a recent FMCSA compliance inspection, significantly worse than the previously reported 34.4% rate and more than double the national average of 22.26%. The company reported 12 crashes over the past 24 months, with four resulting in injuries.

On August 18, 2025, FMCSA issued Hope Trans a proposed "unsatisfactory safety rating" following a compliance inspection that uncovered four critical violations: using drivers before obtaining negative pre-employment drug test results, failing to conduct post-accident alcohol testing, operating trucks without periodic inspections, and maintaining the dangerously high out-of-service rate. The company has 60 days to submit acceptable corrective actions or face a mandatory shutdown.

Adding to the company's troubles, its insurance carrier, State National Specialty Insurance Company, has moved to cancel Hope Trans's policy, effective October 2025, following public pressure after the fatal crash.

The case also exposed critical failures in US Postal Service's oversight of mail-hauling contractors. The Beam Brothers of Mt. Crawford, VA, faced federal charges as well and were one of the largest US mail carrier contractors. USPS policy requires team drivers for runs exceeding 500 miles, but Gonzalez-Companioni was operating alone on a 750-mile route from Atlanta to Texas. A recent audit by the USPS Inspector General documented systemic weaknesses in contractor monitoring, revealing that between 2018 and 2022, USPS contractor vehicles were involved in nearly 400 crashes, resulting in approximately 90 fatalities. Notably, despite this significant safety concern, the number of contract terminations for safety reasons remained zero.

Following WFAA's investigation into the company's practices, Texas Governor Greg Abbott instructed the Department of Public Safety to expand its investigation into potential crimes related to the crash.

The National Transportation Safety Board opened a formal safety investigation into the I-20 crash, focusing on driver fatigue as a contributing factor. Gonzalez-Companioni faces five counts of manslaughter and four counts of aggravated assault with a deadly weapon, with bail set at $2.25 million.

Texas's English Exemption

Both crashes occurred in a state with a unique legal framework that prohibits testing the English proficiency of commercial drivers. Texas Transportation Code Section 522.043(b) explicitly states that "the department may not administer examinations or tests relating to the applicant's proficiency in the English language." If applicants cannot communicate sufficiently in English with Department of Public Safety personnel, Texas may issue them commercial driver's licenses "restricted to operation in intrastate commerce."

This accommodation was designed to support Texas's large immigrant population by allowing those without English proficiency to work within state boundaries, but the distinction creates a false sense of security.

"If the underlying safety concern is that non-English-speaking drivers cannot effectively communicate during emergencies or understand traffic signs, this risk exists equally whether a driver operates intrastate or interstate," said Lee Jackson, a crash investigator and former Fort Worth police officer. "A highway crash at 65 mph in Texas poses the same dangers regardless of the driver's intended route."

Texas Department of Public Safety leadership confirmed to me that the state does not enforce federal English language proficiency requirements for intrastate drivers and has no formal FMCSA-approved exemption for this policy.

Federal Crackdown

The regulatory gap that allowed these drivers to operate has become a flashpoint in federal enforcement efforts. Beginning June 25, 2025, the FMCSA reinstated English language proficiency violations as grounds for placing drivers out of service, reversing Obama-era guidance that had softened enforcement.

The new policy requires roadside inspectors to conduct a two-step assessment: a verbal interview conducted entirely in English, without the use of interpreters or translation apps, followed by a test of the driver's ability to understand US highway traffic signs, based on the Manual on Uniform Traffic Control Devices.

(Trucksafe Consulting actually offers an ELP assessment packet for carriers to assess their drivers at the time of hire and throughout employment.)

Transportation Secretary Sean Duffy signed the enforcement order at a trucking event in Austin, declaring, "America First means safety first. Americans are a lot safer on roads alongside truckers who can understand and interpret our traffic signs."

The enforcement has immediate bite. FMCSA data compiled by TruckSafe Consulting shows English proficiency violations spiked to 4,448 in July 2025, a 13% increase from June's 3,929 violations and a staggering 210% jump from May's 1,434 violations. The dramatic escalation followed President Trump's April 28 executive order and FMCSA's June 25 enforcement directive.

Federal enforcement data obtained from FMCSA records show that Texas generated 5,378 English language proficiency violations through July 24, 2025, representing 23.7% of all 22,703 violations nationwide and far exceeding those of any other state. Arizona ranked second with 1,790 violations, followed by Pennsylvania with 1,454.

The MCSAP Money at Risk

Texas's refusal to enforce federal English proficiency requirements may violate the Motor Carrier Safety Assistance Program. This federal grant provides states with funding for commercial vehicle enforcement in exchange for aligning with FMCSA safety regulations.

Federal regulation 49 CFR 350.305 outlines a limited list of allowable state-level variances from federal motor carrier safety rules. English proficiency enforcement is not among the approved exemptions.

Unless Texas has formally petitioned FMCSA for a variance and DPS leadership confirms the state hasn't, Texas's refusal to enforce this could jeopardize MCSAP funding.

The enforcement crisis extends to other states facing federal funding threats. In August 2025, Secretary Duffy issued ultimatums to California, Washington, and New Mexico, threatening to withhold 100% of their MCSAP funding for failing to enforce English proficiency requirements. California conducted over 34,000 inspections since June 25 but documented only one ELP violation resulting in an out-of-service order. New Mexico placed zero drivers out of service for language violations despite conducting thousands of inspections.

A Patchwork of Enforcement

The enforcement disparity creates operational confusion for carriers operating across state lines. While Texas continues to issue intrastate-restricted licenses to drivers who cannot demonstrate English proficiency, neighboring states face pressure from the federal government to remove such drivers from service.

"Carriers must evaluate whether their drivers are genuinely intrastate and ensure their CDL designations, load documentation, and operational areas support that claim," Carpenter warned in his FreightWaves analysis. "The days of looking the other way on English proficiency may be numbered."

The confusion extends to what constitutes truly intrastate operations. If a Texas driver with a language-restricted license picks up a load that originated outside the state or delivers to a destination across state lines, federal enforcement would apply. Many drivers and smaller carriers may not fully understand these distinctions.

Border state dynamics add another layer of complexity. Texas handles approximately 30% of all U.S. freight crossing from Mexico, where many drivers hold Mexican commercial licenses that may not require English proficiency testing equivalent to U.S. standards.

Systemic Failures Beyond Language

Both crashes reveal enforcement breakdowns that extend beyond language barriers. The Hernandez case exposed critical gaps in the Drug and Alcohol Clearinghouse system designed to prevent prohibited drivers from operating commercial vehicles.

Despite being flagged as "prohibited" in the federal database since April 2023, Hernandez's commercial driver's license remained listed as "eligible" in Texas systems due to delays in updating between federal and state agencies. A new federal rule requiring automatic CDL downgrades for clearinghouse violations didn't take effect until November 18, 2024—too late to prevent the school bus crash.

"The failure to conduct a background check is a common issue in the trucking business," said Dr. Michels, noting that smaller carriers often lack the resources or knowledge to screen drivers through federal databases properly.

The Gonzalez-Companioni case raises questions about how foreign nationals with questionable immigration status obtain commercial driver's licenses. Florida issued thousands of non-domiciled CDLs to non-residents in 2024, according to state transportation department statistics, often without thorough verification of legal status or driving competency.

The Human Cost of Regulatory Gaps

Multiple families have filed civil lawsuits against both FJM Concrete and Hope Trans, but compensation faces significant obstacles. FJM Concrete was required to carry only $500,000 in insurance coverage, which attorneys say will be insufficient to compensate dozens of injured children and their families from the school bus crash. Hope Trans faces similar challenges as its insurance carrier moves to cancel coverage.

"If I were to handle one of these cases, I would absolutely sue both the driver and the concrete company because both are responsible," said personal injury attorney Todd Kelly.

The broader costs extend beyond individual tragedies. Industry analysts estimate that strict enforcement of English proficiency requirements could remove 40,000 to 60,000 drivers from interstate operations, creating capacity constraints that drive up freight rates and logistics costs throughout the supply chain.

States Face Federal Pressure

As federal enforcement intensifies, state transportation departments face difficult choices between accommodating immigrant drivers and maintaining federal funding. The MCSAP program provides crucial resources for commercial vehicle safety enforcement, including inspector training, equipment, and technology upgrades.

Texas receives millions annually through MCSAP grants, funding that supports the very enforcement operations that investigate crashes like those involving Hernandez and Gonzalez-Companioni. Losing this funding could cripple the state's ability to maintain safety oversight of its massive commercial vehicle fleet.

"MCSAP enforcement could force Texas to revise its policies or risk losing significant federal funding," Carpenter warned. "As a border state, Texas is uniquely exposed to federal scrutiny, especially given the broader political climate and FMCSA's evolving enforcement stance."

Some industry observers suggest Texas may seek a formal federal exemption for its intrastate operations, though such requests face uncertain approval given the current administration's emphasis on uniform enforcement.

What Now?

Transportation safety advocates argue that addressing language barriers necessitates comprehensive solutions that extend beyond punitive enforcement. The Laredo Motor Carriers Association has begun offering free weekend English classes to help drivers meet proficiency standards, working with Texas Department of Public Safety officers to identify the specific communication skills required during roadside inspections.

"Our stance as an association at both local, state and federal level is for every one of our members to abide by every regulation, whether it be parking in the wrong place or not being able to communicate in English," said Jerry Maldonado, chairman of the association.

But critics question whether focusing on English proficiency addresses the root causes of commercial vehicle crashes. An analysis of federal crash data shows that factors like driver fatigue, substance abuse, mechanical failures, and inadequate carrier oversight play more significant roles in fatal accidents than communication barriers alone.

"If ELP is really about safety, why wasn't it enforced for the last decade?" asked one industry observer, noting that the timing of renewed enforcement coincides with broader immigration policy debates.

The Federal Motor Carrier Safety Administration has not established a clear statistical link between English proficiency and crash rates, despite requiring it as a standard since 1937. A 2015 study by the National Transportation Safety Board failed to find evidence connecting language barriers to highway safety outcomes, leading the Commercial Vehicle Safety Alliance to remove ELP as an out-of-service violation temporarily.

Two Families, Two Futures

For the families of Ulises Rodriguez Montoya and the McKellars, the policy debates offer little comfort. A 5-year-old boy will never grow up. Three generations of a Fort Worth family died in an instant on a Texas highway.

The crashes they suffered could have been prevented through existing safety systems if those systems had functioned as designed. Hernandez should have been flagged and removed from service through the clearinghouse. Gonzalez-Companioni's employer should have been subject to scrutiny for its safety record and driver management practices.

Whether stricter enforcement of English proficiency will prevent similar tragedies remains unclear. What is certain is that Texas faces a reckoning: align with federal safety standards and potentially exclude immigrant drivers from commercial vehicle operations, or maintain its accommodating stance and risk losing the federal funding needed to keep unsafe drivers off the road.

As Transportation Secretary Duffy warned states that fail to enforce federal rules: "We are taking aggressive action to close these safety gaps, hold states accountable, and make sure every commercial driver on the road is qualified to operate a 40-ton vehicle."

The clock is ticking. Federal patience is exhausted. And on Texas highways, the next crash may be just one miscommunication away.

This investigation is part of a 30-day series examining preventable crashes and systemic failures in the oversight of commercial vehicle safety.