As we previously covered in a May post, on April 28, 2025, a new Executive Order directed the Federal Motor Carrier Safety Administration (FMCSA) to issue updated guidance on English language proficiency (ELP) requirements for commercial drivers. That Executive Order is now in effect.
On May 20, 2025, U.S. Department of Transportation (DOT) Secretary Sean P. Duffy signed an order announcing new guidelines regarding English language enforcement for commercial truck operators. Under the new guidance, commercial motor vehicle (CMV) drivers who fail to comply with FMCSA requirements will be placed out-of-service.
The order went into effect on June 25, 2025, meaning non-compliance with Title 49 Code of Federal Regulations (CFR) 391.11(b)(2), or ELP requirements, is now a driver out-of-service violation. FMCSA regulations now provide that a driver unable to sufficiently read or speak English or understand highway traffic signs and signals is not qualified to operate a commercial motor vehicle.
What do these changes mean for CMV drivers and carriers?
The DOT now includes ELP as grounds for placing a driver out of service, similar to hours-of-service breaches, vehicle defects, improper load securement, or driving under the influence. These violations appear on a driver’s Pre-Employment Screening Program (PSP) report for three years and affect a carrier’s Compliance, Safety, Accountability (CSA) score for two years. Poor CSA scores result in increased insurance costs and lower shipper rankings.
What should a motor carrier do to assess a CMV driver’s ELP during the driver qualification process?
Carriers may conduct an assessment using any method they prefer. However, the assessment's focus should evaluate whether the driver is able to sufficiently communicate with law enforcement officers (e.g., during a roadside inspection) and to understand highway traffic signs that they may encounter while driving.
FMCSA recommends that a motor carrier manager conduct a driver interview in English and include inquiries that would show whether the driver could answer questions related to:
Additionally, FMCSA guidance states that tools to facilitate communication such as interpreters, I-Speak cards, cue cards, smart phone applications, and On-Call Telephone Interpretation Service should not be used during the driver interview, as those tools may mask a driver’s inability to communicate in English. It is important to ensure adherence to ELP standards. On July 30, 2025, Secretary Duffy took to social media to announce “Since I took action to enforce language proficiency requirements for truckers, our state partners have put roughly 1,500 unqualified drivers out-of-service. That’s what I call results! If you can’t read or speak our national language — ENGLISH — we won’t let your truck endanger the driving public.”
It is important to remember the impacts that violations can have on CSA scores. Make sure to protect yourself and your business by contacting Sean Barrick (sbarrick@setlifflaw.com) at (804) 377-1276, or Steve Setliff (ssetliff@setlifflaw.com) at 804-377-1261, if you or your company need help with ELP or any other FMSCA compliance.
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