On April 28, 2025, a new Executive Order directed the Federal Motor Carrier Safety Administration (FMCSA) to issue updated guidance on English language proficiency requirements for commercial drivers. The order seeks to clarify what it means for drivers to have a “sufficient” command of English and introduces potential enforcement mechanisms for situations where that standard is not met. This development could have notable implications for commercial drivers, motor carriers, and enforcement agencies.
Current Legal Framework
Under federal regulations, individuals holding a commercial driver’s license (CDL) are required to have a sufficient understanding of English to communicate with the general public, read and interpret highway signs, and respond to official inquiries. However, the regulation does not provide a detailed definition of what qualifies as “sufficient,” leaving the standard open to interpretation.The new Executive Order seeks to address concerns that this requirement has not been consistently applied or enforced.
Key Changes Under the Order
The Executive Order instructs the FMCSA to issue specific guidance on what constitutes “sufficient” English proficiency. It also requires that drivers who fail a proficiency inspection be designated as “out of service”—meaning they may not continue operating a commercial vehicle until the issue is resolved.How this guidance will be implemented, and what criteria will be used during inspections, remains to be seen.
Considerations for the Industry
Commercial trucking includes a large number of drivers for whom English is not a first language. Many states currently offer the CDL exam in multiple languages. For instance, in Virginia, only the hazardous materials portion of the test is required to be taken in English. It is unclear whether multilingual testing options will be affected by the new guidance.
Motor carriers may also face questions about their responsibilities under the updated rules. For example:
Enforcement on the Road
FMCSA-trained officers currently conduct roadside inspections to check vehicle condition and regulatory compliance. These inspections have typically involved minimal verbal interaction with the driver. Under the new order, officers may be expected to assess drivers’ English proficiency, which could introduce new responsibilities and require additional training.
Officers also conduct inspections after serious motor vehicle accidents. In those cases, drivers may be involved in criminal or administrative proceedings. While drivers have the right to remain silent and, if necessary, request an interpreter in legal settings, how these rights intersect with the updated English proficiency rules is another area that may require clarification.
Potential Legal Implications
If an individual requests an interpreter during legal proceedings, could that be interpreted as an admission of insufficient English proficiency? And if so, could that information be used in evaluating whether the driver was in compliance with the FMCSA’s rules at the time of an incident? These are questions that legal experts, motor carriers, and enforcement agencies may need to consider as the FMCSA develops and implements new guidance.
Final Thoughts
The Executive Order marks a shift in how English language requirements for commercial drivers may be enforced. While the goal is to promote clarity and consistency, the practical and legal implications will depend on how the FMCSA defines and applies the updated standard.
Stakeholders across the industry—including drivers, employers, and regulators—will be watching closely as the FMCSA moves forward with its rulemaking process.
If you have questions about this article, please contact Todd Knode (tknode@setlifflaw.com) at 804-377-1277 or Steve Setliff (ssetliff@setlifflaw.com) at 804-377-1261.
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