This week the Federal Motor Carrier Safety Administration (“FMCSA”) issued an internal policy on May 20, 2025, outlining its approach to English language proficiency (“ELP”) for commercial motor vehicle drivers. This policy is more stringent than past enforcement posture and is effective immediately. It reverses a 2016 directive from the Obama Administration that discouraged placing drivers out of service for ELP violations.
Our team provided answers to common motor carrier questions regarding President Trump’s Executive Order initiating this change in our client alert titled “English Language Regulatory Requirement – Coming Enforcement for Truck Drivers." Today’s alert outlines key takeaways and implications for motor carriers from the newly published policy titled "Internal Agency Enforcement Policy” (the “Policy”).
New Regulatory Enforcement Takeaways
- Out-of-Service Criteria: The Policy does not change motor carrier compliance obligations under the Federal Motor Carrier Safety Regulations (“FMCSRs”). It does, however, signal that the FMCSA will begin placing drivers out-of-service for failing to demonstrate proficiency in reading, speaking, or understanding the English language.
- Roadside Enforcement: The Policy also advises FMCSA personnel to initiate all roadside inspections in English. Drivers who cannot adequately communicate in response to the inspector’s initial instructions are subject to a two-part test involving: (1) a verbal interview of the driver; and (2) an assessment of the driver’s ability to identify and interpret U.S. traffic signs. Failure to demonstrate ELP requirements during either part of the test may result in the driver being immediately placed out-of-service.
- Consistent Enforcement: The Commercial Vehicle Safety Alliance (“CVSA”) added ELP violations to the North American Standard Out-of-Service Criteria, effective June 25, 2025, ensuring uniform enforcement of the Policy across all states. Once effective, inspectors may place the driver immediately out-of-service. When warranted, inspectors may initiate the disqualification of the driver from operating in interstate commerce.
Implications for Motor Carriers
The risk of enforcement consequences from failing to comply with the ELP element of driver qualification requirements at 49 CFR § 391.11 is now higher. Motor carriers must ensure all drivers can meet the ELP requirements to avoid drivers being placed out-of-service. Enforcement against even a single driver will disrupt operations, shipper experiences, and published compliance metrics.
Now is the time to review driver qualification procedures and qualification files. ELP assessments and compliance or awareness training in preparation for enforcement will be helpful as the industry transitions to the new Policy. The precise enforcement instructions were redacted in the published version of the Policy. This means that motor carriers do not know exactly what questions and enforcement standards may be used at roadside. At its most basic level, ensuring drivers are adequately proficient in English and industry terminology, and have an in-depth familiarity with U.S. traffic signs will be valuable.
Benesch’s Transportation and Logistics team stands ready to advise proactively on safety compliance best practices, driver qualification policies and training programs, and to defend all manner of enforcement actions when those occur.
Marc Blubaugh is Co-Chair of Benesch’s Transportation & Logistics Practice Group and Vice Chair of the Litigation Practice Group. He can be reached at 614.223.9382 or mblubaugh@beneschlaw.com.
Jonathan Todd is Vice Chair of Benesch’s Transportation & Logistics Practice Group. He can be reached at 216.363.4658 or jtodd@beneschlaw.com.
Robert Pleines Jr. is a Senior Managing Associate in the Group. He can be reached at 216.363.4491 or rpleines@beneschlaw.com.
Vanessa Gomez is a Managing Associate in the Group. She can be reached at 216.363.4482 or vgomez@beneschlaw.com.