English Proficiency Proposed for Weigh Stations

As we have noted in previous articles, (May and September), there is renewed movement in Congress to strengthen enforcement of the long-standing federal requirement that holders of commercial driver’s licenses (CDLs) be able to speak and understand English. This requirement has been in place since 1936, but critics argue that enforcement has been inconsistent across the states.

A bill recently introduced in the House of Representatives seeks to close that gap by requiring states to conduct English proficiency checks through their network of commercial vehicle weigh stations. Under the proposal, every driver stopped at a weigh station would be subject to an English language check. The legislation does not specify how states must conduct these checks, nor does it define what it means for a driver to be “proficient” in English.

Federalism Questions and Funding Leverage

Weigh stations are state facilities. Ordinarily, the federal government cannot directly compel states to enforce federal law due to the principles of federalism and the constitutional separation of state and federal powers. However, the bill appears designed to withstand constitutional challenge by tying state compliance to federal transportation funding. If states risk losing federal highway dollars for failing to implement English proficiency checks, the measure would likely be upheld as a valid exercise of congressional spending power.

Practical Challenges Left Unanswered

While the bill attempts to address a safety concern, it leaves significant logistical questions unanswered:

• Fifty Different Standards: Because the bill does not set a uniform test, each state could adopt its own measure of “proficiency.” This could create a patchwork system where drivers are subject to inconsistent rules depending on the state in which they are stopped.
• Teaching to the Test: If states develop written or oral standards, drivers may simply study to pass the known test format rather than achieve true English fluency, undermining the intent of the law.
• Law Enforcement as “Grammar Police”: Enforcement responsibility will likely fall on state police officers at weigh stations. This raises practical questions about training and consistency, as officers would need to be trained in how to evaluate language skills—a role far removed from their traditional duties.
• Traffic Congestion and Safety Risks: Weigh stations are already known choke points for freight movement. Requiring additional testing could significantly slow processing times, leading to longer lines of trucks waiting to enter. These queues often extend onto road shoulders or active lanes, creating hazards for both truckers and passenger vehicles.

Economic Ripple Effects

The trucking industry is the backbone of U.S. commerce, and any disruption at weigh stations will ripple through supply chains. Longer wait times at weigh stations will likely increase delivery delays and operating costs. Inevitably, these added costs will be passed on to shippers and consumers, potentially raising prices on goods across the economy.

What Comes Next

The bill is still in the proposal stage, and it is unclear how much support it will gather in Congress. However, it is important for carriers, drivers, and shippers to be aware of the potential changes and their implications. While improving roadway safety is a legitimate federal concern, the lack of clarity in the proposed enforcement mechanism leaves open the possibility of inconsistent application, increased liability exposure, and significant industry disruption.

We will continue to monitor this legislation and provide updates as it moves through the legislative process. If you have questions specifically about this article or about the English Proficiency issue in general, please contact Todd Knode (tknode@setlifflaw.com) at (804) 377-1277 or Steve Setliff (ssetliff@setlifflaw.com) at (804) 377-1261.

For reference, you can review a summary of the bill in FreightWaves here, or read the full text of the bill here.