The U.S. Department of Transportation has issued a subpoena to the New York State DMV after they allege the state has refused to cooperate with their investigation into Jing Shen Dong, the bus driver who allegedly caused a crash that killed five persons in a construction zone in Stafford County, Virginia recently.

The subpoena asserts that the driver is a naturalized U.S. citizen who was born in China, does not speak English, and received his CDL from the state of New York. DOT says the subpoena is a result of not being able to "obtain the requested documents through other reasonable means." DOT is demanding that New York turn over records on the driver's CDL, his entry level driving training, and the driving school he attended.

The driver was charged with five counts of involuntary manslaughter for failing to heed warning signs of a construction zone and colliding with cars that were slowed or stopped. Forty-four people went to the hospital, three with critical injuries, as a result of the collision.

It was reported that the driver was scheduled to appear in court this week for a separate speeding incident. He had been ticketed in Maryland on March 6 for driving 72 mph in a 50-mph zone. He was driving a bus with passengers on board at the time.

DOT has made strengthening the CDL requirements for non-citizens an area of major emphasis for the department. New York State, which gives out CDLs that are valid for eight years, has been a primary target of DOT enforcement efforts.