What Carriers Need to Know about Changes to English Proficiency Enforcement
By Scott Stofer, Sr. Product Manager, Mobile & Regulatory Compliance at Transflo
Starting on June 25, drivers not meeting the English Language Proficiency (ELP) standard defined in 49 CFR 391.11(b)(2) could be subject to an Out-of-Service (OOS) order. Because of the high cost associated with an OOS order, it’s important for carriers to understand and prepare for those changes.
What is changing and why?
On May 20, the Federal Motor Carrier Safety Administration (FMCSA) rescinded previous ELP guidance in place since 2016 and issued updated ELP enforcement guidance, defining a two-part procedure for the assessment of a driver’s ELP qualification.
The updated guidance follows President Donald Trump’s signing of Executive Order 14286 “ENFORCING COMMONSENSE RULES OF THE ROAD FOR AMERICA’S TRUCK DRIVERS” on April 28. This order addressed safety concerns expressed by the enforcement community. The Executive Order directed the FMCSA to work with the Commercial Vehicle Safety Alliance (CVSA) to update the OOS criteria to include violations of the ELP as an Out-of-Service violation.
Driver-related Out-of-Service Criteria are overseen by the CVSA Driver-Traffic Enforcement Committee. The Committee is made up of 19 voting members, including 16 U.S. and Canadian enforcement members and three Industry Associate members. I have the privilege and honor of serving as one of the three, representing Transflo.
On April 29, in response to the Executive Order and as part of our agenda, the CVSA Driver-Traffic Enforcement Committee drafted and approved OOS wording to address English Language Proficiency. As part of the process, we also requested that FMCSA provide an inspection standard to ensure that ELP evaluations are conducted consistently. FMCSA indicated to us at that time that an inspection standard would be issued. The update to the OOS was then sent to the CVSA Executive Board for review.
While the Out-of-Service Criteria are normally only updated once a year, in April, the board utilized an emergency provision of the CVSA bylaws to approve the changes sooner. As a result, the following update will be made to the “Part I – Driver” section of the Out of Service Criteria and go into effect, June 25, 2025:
“English Proficiency (U.S. Only)
Driver cannot read and speak the English language sufficiently to communicate with the safety official to respond to official inquiries and directions in accordance with FMCSA enforcement guidance. (391.11(b)(2)) – Declare driver out of service.”
What are the changes to the assessment?
Per the May 20 memo, the inspection and evaluation of English Language Proficiency will now be a two-part assessment process.
1. Driver interview
The driver interview will be conducted in English only. The inspector will communicate with the driver in English and require the driver to respond in English.
Under the new guidance, drivers are no longer allowed to use interpretation aids previously deemed acceptable such as translator apps, telephone interpretation services, cue cards, or similar tools.
If the inspector determines the driver cannot sufficiently communicate in English to complete the inspection the evaluation will end, and the driver will be cited with a violation of 49 CFR 391.11(b)(2) and placed OOS.
2. Highway Traffic Sign Recognition Assessment
The assessment will be conducted after a successful driver interview, assessing whether the driver understands the meaning of U.S. highway signs.
While the specific, detailed procedures for this assessment were redacted in the publicly released FMCSA memo, guidance issued to motor carriers indicates that drivers will be expected to recognize and explain the meaning of signs found in the Federal Highway Administration’s Manual on Uniform Traffic Control Devices (MUTCD). This includes standard regulatory, warning, and guide signs, as well as dynamic electronic message signs.
How should carriers prepare?
Internal Assessments – Consider implementing an internal review of English language skills sooner than later to provide time for adjustments that may be need for any ELP issues that may be identified before the June 25th deadline. The FMCSA has published guidance for carriers to assist in implementing an assessment program.
Recovery Plan – Consider a plan for handling a situation where a driver is placed out of service for an ELP violation. This plan should take driver support, vehicle recovery, and load completion into account.
Hiring and Onboarding – Consider incorporating an English Language Proficiency assessment into your hiring process. This should go beyond a simple “yes/no” question and should include conversational assessments and a review of the driver’s ability to understand common trucking- and transportation-related terminology that align with the roadside assessment procedures.
While this is a significant change to enforcement of the ELP, a little education and planning can make the upcoming change a non-issue to your operations.
