On May 20, 2025, the secretary of the U.S. Department of Transportation’s (USDOT) signed an order announcing new guidelines to strengthen English language enforcement for commercial truck operators. Under the new guidance, commercial motor vehicle (CMV) drivers who fail to comply with the Federal Motor Carrier Safety Administration’s (FMCSA) longstanding English-language proficiency (ELP) requirements will be placed out of service.
The guidelines go into effect immediately. All federal inspectors must begin enforcing this policy immediately for all CMV drivers entering and operating within the United States who are engaged in interstate operations.
Background
On April 28, 2025, President Donald Trump issued Executive Order (EO) 14286, “Enforcing Commonsense Rules of the Road for America’s Truck Drivers,” which called upon FMCSA to rescind the 2016 guidance document and issue new enforcement guidance to FMCSA personnel, outlining inspection procedures necessary to ensure compliance with the ELP requirements under 49 CFR § 391.11(b)(2).
The EO instructed the FMCSA to take all necessary and appropriate actions, consistent with applicable law, to ensure that the out-of-service criteria are revised such that a violation of the ELP requirement results in the driver being placed out of service, including by working with the relevant entities responsible for establishing the out-of-service criteria.
The FMCSA stated that the new guidelines change the 2016 directive by ensuring that drivers meet qualification standards and support the safe operation of commercial vehicles on U.S. roadways. According to the FMCSA, the failure to adequately enforce driver qualification standards poses serious safety concerns and increases the likelihood of a crash.
New Guidelines
The new guidelines advise FMCSA personnel to initiate all roadside inspections in English. If the inspector’s initial contact with the driver indicates that the driver may not understand the inspector’s initial instructions, the inspector should conduct an ELP assessment to evaluate the driver’s compliance with ELP requirements. This assessment should consist of two steps:
- A driver interview; and
- A highway traffic sign recognition assessment.
Step 1. Driver Interview—Determining a driver’s ability to respond sufficiently to official inquiries
During this step, the FMCSA will assess the driver’s ability to sufficiently respond to official inquiries and instructions in English, as required by the ELP requirements. The FMCSA will conduct a driver interview to evaluate ELP, ensuring the driver can communicate effectively in English without assistance. Drivers will be instructed to respond in English without the use of communication aids (e.g., interpreters, I-Speak cards, cue cards, smartphone translation apps, or On-Call Telephone Interpretation Services), as these may mask deficiencies in English communication skills.
If FMCSA personnel determine that the driver cannot adequately respond in English, the driver will be cited for a violation of ELP requirements. In such cases, the assessment will conclude at this step, and there will be no need to proceed to Step 2 of the ELP assessment.
Step 2. Highway Traffic Sign Recognition Assessment—Determining a driver’s ability to sufficiently understand U.S. highway traffic signs, including changeable signs, in the English language
During this step, the FMCSA will evaluate the driver’s ability to sufficiently understand U.S. highway traffic signs by administering a Highway Traffic Sign Assessment. This assessment will include signs that conform to the Federal Highway Administration’s Manual on Uniform Traffic Control Devices for Streets and Highways (MUTCD), as well as electronic or dynamic message signs that a CMV driver may encounter during operation.
As part of this evaluation, FMCSA personnel will inform the driver that a key qualification for operating a CMV is the ability to understand the meaning of U.S. highway signs.
Documentation for a Violation of ELP
If an ELP violation is identified, the FMCSA will document all supporting evidence related to the driver’s inability to comply, including the driver’s responses, or lack thereof, during the assessment. In accordance with FMCSA policy, follow-up actions will also be taken as appropriate. These actions include:
- Placing the driver immediately out-of-service once the violation is incorporated into the North American Standard Out-of-Service Criteria; and
- Initiating disqualification proceedings to bar the driver from operating commercial motor vehicles in interstate commerce when warranted.
If the driver is placed out of service, the FMCSA will inform the driver that operating a CMV while out of service is unlawful and that they must not resume interstate CMV operation until the condition is resolved.
However, if the driver is found to be in compliance by demonstrating the ability to respond to official inquiries and understand U.S. highway signs and signals, the FMCSA may proceed with the remainder of the inspection using the communication tools and methods that best ensure the safety and effectiveness of the inspection process.
Driver and Motor Carrier Next Steps
Motor carriers and drivers should take proactive steps to ensure compliance with FMCSA’s ELP requirements. Motor carriers must evaluate a driver’s ability to speak and understand English during the hiring process and provide ongoing support such as training, resources or evaluations to help drivers maintain proficiency.
Internal policies should discourage reliance on interpreters, translation apps or cue cards for communication during inspections, as these tools are not permitted during the ELP assessment and can lead to citations or out-of-service orders. Additionally, motor carriers should educate drivers about U.S. highway traffic signs, including dynamic message signs, and prepare them for what to expect during FMCSA inspections.
Drivers should work to improve and maintain their ability to communicate effectively in English and understand highway signage. This includes practicing relevant vocabulary, studying the MUTCD, and familiarizing themselves with common inspection questions and procedures. Drivers should seek support from their employers to ensure they meet the necessary qualifications to operate a CMV in interstate commerce.
For more risk management guidance, contact the Transportation Insurance Experts at Deeley today. Call or text 410.213.5600.
