By Robert G. Brody, William C. Collins, and Fintan S. Lalor
The Federal Motor Carrier Safety Administration (FMCSA) recently issued Guidance regarding the enforcement of English Language Proficiency (ELP) requirements for interstate commercial motor vehicle drivers (CMV drivers). As of June 25, 2025, CMV drivers who are deemed to not speak and understand English sufficiently will be taken out of service.
Background
On April 28, 2025, President Trump issued Executive Order 14286, requiring the Secretary of Transportation to rescind the 2016 FMCSA “English Language Proficiency Testing and Enforcement Policy.” This has been replaced with stricter guidance and inspection procedures from Executive Order 14286.
The Details of the Guidance
Some of the key provisions of the Guidance include:
- Step 1. Driver Interview – Determine a driver’s ability to respond sufficiently to official inquiries.
- Step 2. Highway Traffic Sign Recognition Assessment – Determine a Driver’s Ability to Understand Highway Traffic Signs Including Changeable Signs in the English language.
- Document violations of 49 9 CFR § 391.11(b)(2) (i.e., Steps 1 and 2, above) if appropriate.
- Impose Consequences:
- Immediately place driver out-of-service.
- And when warranted, initiate an action to disqualify the driver from operating commercial motor vehicles in interstate commerce.
Applicability
The new policy is enforced by all FCSMA enforcement personnel who perform inspections of motor carriers and drivers across the US. However, the policy does not apply in the same manner at the US-Mexico border. At the border, FMCSA enforcement personnel have been instructed to cite drivers for violations of 49 CFR § 391.11(b)(2) but should not place the driver out-of-service or initiate an action to disqualify the driver.
What now?
As the Guidance took effect June 25, 2025, employers should communicate the new requirements to their drivers. To avoid business interruptions, it is recommended that you seek counsel to ensure your CMV drivers meet the ELP standard. Remember, all steps taken to ensure English proficiency must be taken uniformly. If employers wish to test their drivers, they should test every driver and document that fact. Employers should not only test drivers who look “non-American” or speak with a foreign accent.
Brody and Associates regularly advises management on complying with the latest local, state and federal employment laws. If we can be of assistance in this area, please contact us at info@brodyandassociates.com or 203.454.0560.
