FMCSA issues enforcement policy on English proficiency
- Brandon Wiseman
- May 20
- 5 min read
Updated: May 29
On May 20, 2025, the Federal Motor Carrier Safety Administration (FMCSA) issued its much anticipated Enforcement Policy on English language proficiency (ELP) requirements for commercial motor vehicle (CMV) drivers.
Prompted by Executive Order 14286, signed by President Trump on April 28, 2025, and titled “Enforcing Commonsense Rules of the Road for America’s Truck Drivers,” this guidance, effective as of May 20, 2025, aims to guide law enforcement in their application of the ELP requirement in 49 CFR 391.11(b)(2) during roadside inspections.
As a preliminary matter, we note that the public version of FMCSA’s policy memorandum is heavily redacted, leaving critical details—such as the specific questions law enforcement will ask drivers during inspections—shrouded for the time being. That said, here's what we know.
Background on ELP
As addressed in the Enforcement Policy, under 49 CFR § 391.11(b)(2), CMV drivers operating in interstate commerce must be able to respond to official inquiries and comprehend English-language traffic signs. This requirement isn’t new, but its enforcement has had a rocky history. In 2005, the Commercial Vehicle Safety Alliance (CVSA) added ELP violations to its North American Standard Out-of-Service (OOS) criteria, allowing inspectors to sideline non-compliant drivers. FMCSA backed this with 2007 and 2008 policies that equipped inspectors with tools to assess drivers’ communication skills and sign recognition. But in 2015, CVSA dropped ELP from its OOS criteria, and FMCSA’s 2016 policy softened enforcement, instructing inspectors to cite violations without placing drivers out-of-service.
Summary of Enforcement Policy
The new guidance, driven by the President’s directive, reverses that approach. FMCSA now argues that lax ELP enforcement poses a serious safety risk, increasing the chance of crashes. Effective immediately, federal inspectors must begin roadside inspections in English and conduct a two-step ELP assessment if a driver struggles with initial instructions. Step one is a driver interview to gauge the ability to respond to official inquiries in English, with no interpreters or apps allowed, as these could mask deficiencies. If the driver fails, they’re cited for violating 49 CFR § 391.11(b)(2). If they pass, the officer moves on to step two, which tests their understanding of U.S. highway signs, including those in the Federal Highway Administration’s Manual on Uniform Traffic Control Devices (MUTCD) and dynamic message signs.
What’s missing, though, is clarity on the assessment itself. As noted, the policy memorandum’s attachments, which include strategies for communicating with non-native speakers and examples of driver interview questions, are heavily redacted in the public version. Similarly, the highway traffic sign examples in the policy's Attachment 2 are obscured. For now, this leaves motor carriers and drivers in the dark about the specific questions or signs inspectors will use, making it harder to prepare.
With that said, we anticipate that the assessment may be similar in scope to the one described in a 2012 FMCSA memorandum, which addressed a similar topic in the context of the cross-border trucking pilot program from 2011 that expanded the ability for Mexico-domiciled carriers and drivers to operate into the U.S. This 2012 memorandum addressed how border auditor's/inspectors were to conduct ELP testing to ensure cross-border drivers were compliant with 49 CFR 391.11(b)(2). Notably, the memo contemplates a two-step assessment just like the more recent Enforcement Policy, composed of an initial driver interview and then a sign recognition test.
For step one, the 2012 memo instructed inspectors to ask the following types of questions in English:
Do you speak English?
Question about the starting point of a recent trip
Question about where the driver is going next
Question about hours of duty
Question that requires the driver to provide a document
Question about a vehicle component system
Pursuant to that memorandum, if drivers failed to communicate answers to 2 or more of these questions successfully in English, they would fail the assessment. However, if they passed step one, they would move on to step two and would be required to understand the meaning of the following signs. Failing to recognize 19 of these 22 signs would result in a failure of the assessment.
Whether this exact assessment will be followed under the new ELP Enforcement Policy is yet to be seen, but we assume it will be substantially similar in nature.
In light of this, we recommend fleets implement an ELP assessment as part of their driver application process to ensure applicants can meet the ELP requirement of 49 CFR 391.11(b)(2) before allowing them to operate a CMV. If you need a simple solution to accomplish this, check out Trucksafe's ELP Assessment Packet below.
Consequences of Violations
As noted in our previous article on this topic, the stakes are high. On May 1, 2025, CVSA voted to reintegrate ELP violations into its OOS criteria, effective June 25, 2025. Once implemented, drivers cited for ELP violations will be placed out-of-service immediately, halting operations until the issue is resolved. The FMCSA's Enforcement Policy further notes that inspectors may also "initiate disqualification proceedings for non-compliant drivers," though it's not immediately clear what this entails. To support these actions, inspectors must document all evidence, such as the driver’s responses or lack thereof.
Notably, exceptions exist: drivers in U.S.-Mexico border commercial zones will face citations but not OOS orders or disqualification, and hearing-impaired drivers with exemptions under 49 CFR § 391.41(b)(11) are deemed compliant if they can read and write English, per 2014 guidance. Also, this policy applies to FMCSA inspectors nationwide, except in Puerto Rico, Guam, the Northern Mariana Islands, and American Samoa.
USDOT Press Conference
U.S. Transportation Secretary Sean P. Duffy underscored the policy’s importance at a press conference during a trucking event in Austin, Texas, where he signed an order formalizing the new guidelines. “America First means safety first,” Duffy declared, emphasizing that drivers who cannot interpret traffic signs or communicate in English pose a danger to public safety. He highlighted that, starting June 25, 2025, ELP violations will once again trigger out-of-service orders, aligning with the President’s April 2025 Executive Order to prioritize highway safety. Duffy also thanked the CVSA for its swift cooperation in reintegrating ELP into the OOS criteria, signaling a unified push for stricter enforcement.
Conclusion
While the agency's Enforcement Policy is directed to law enforcement, motor carriers and drivers are held to the ELP standard itself. For trucking companies, the reintroduction of OOS consequences could disrupt operations, especially without insight into the assessment’s specifics. Drivers face increased scrutiny and potential downtime, underscoring the need for robust English training programs. Another aspect that remains uncertain is how drivers placed OOS for ELP violations can be rehabilitated and returned to work, and issue the Enforcement Policy fails to tackle.
In short, FMCSA’s renewed emphasis on ELP reflects a safety-first mindset, but the redacted guidance leaves some uncertainty. Until the agency releases an unredacted version or clarifies the assessment questions, the industry must brace for a stricter, yet opaque, enforcement landscape. Carriers should prioritize English proficiency testing in the hiring/qualification process, and training when warranted.
About Trucksafe Consulting, LLC: Trucksafe Consulting is a full-service DOT regulatory compliance consulting and training service. We help carriers develop, implement, and improve their safety programs, through personalized services, industry-leading training, and a library of educational content. Trucksafe also hosts a livestream podcast on its various social media channels called Trucksafe LIVE! to discuss hot-button issues impacting highway transportation. Trucksafe is owned and operated by Brandon Wiseman and Jerad Childress, transportation attorneys who've assisted some of the nation’s leading fleets to develop and maintain cutting-edge safety programs. You can learn more about Trucksafe online at www.trucksafe.com and by following Trucksafe on LinkedIn, Facebook, Twitter, and YouTube. Or subscribe to Trucksafe's newsletter for the latest highway transportation news & analysis. Also, be sure to check out eRegs, the first app-based digital version of the federal safety regulations aimed at helping carriers and drivers better understand and comply with the regulations.
