On April 28, 2025, President Donald J. Trump signed a new Executive Order titled “Enforcing Commonsense Rules of the Road for America’s Truck Drivers” (the “Executive Order”) directing the Department of Transportation to reinstate enforcement of federal rules and compliance with 49. C.F.R. 391.11(b)(2) – a federal law requiring English language proficiency for drivers of commercial vehicles.
The Executive Order directs the Secretary of Transportation to issue new guidance on inspection procedures necessary to enforce the language proficiency requirement within 60 days. Importantly, the Executive Order makes it clear that a violation of the English language proficiency requirement will result in the driver being placed out-of-service.
How can you begin preparing for potential future inspections, heightened regulatory enforcement, and impacts to the industry? It begins by being proactive today.
History of English Proficiency Requirements in the Commercial Trucking Industry
- C.F.R. 391.11(b)(2) requires that a person qualified to drive a motor vehicle be able to “read and speak the English language sufficiently to converse with the general public, to understand highway traffic signs and signals in the English language, to respond to official inquiries, and to make entries on reports and records.”
While this has been the law of the land for quite some time, in 2016 the Federal Motor Carrier Safety Administration issued Memorandum MC-ECE-2016-006 regarding “English Language Proficiency Testing and Enforcement Policy” (the “Memorandum”). The Memorandum laid out much more lenient enforcement policies relating to English language proficiency. Specifically, the Memorandum stated that:
- English language proficiency interviews would not be conducted during roadside inspections.
- A driver would not be cited for violations of 391.11(b)(2) if the driver could communicate sufficiently to complete an inspection or investigation.
- A driver would not be cited for a violation of 391.11(b)(2) even if the driver could not read, write, or speak English but could communicate sufficiently with the inspector/investigator.
- The use of tools to facilitate communication such as interpreters, I-Speak cards, cue cards, smart phone applications, and On-Call Telephone Interpretation Service was permitted to be used when an inspector/investigator was interacting with drivers.
How will the Executive Order Change this Landscape?
President Trump’s Executive Order directs the Secretary of Transportation to rescind the guidance of the Memorandum and issue new guidance to better comply with 391.11(b)(2), revising inspection procedures necessary to ensure a driver’s English language proficiency. Importantly, the Executive Order highlights that violations of the English language proficiency requirements should result in the driver being placed out-of-service.
The language of the Executive Order is admittingly very broad and will require continued monitoring as we await the Secretary of Transportation’s response and new policy to (1) enforce the English language proficiency requirements; (2) determine how examinations will take place; and (3) define what “proficient” means with regards to 391.11(b)(2).
While there is little certainty as to the extent and significance of the changes we will see from the Secretary of Transportation under the Executive Order, the expectation is that enforcement of the English language proficiency requirements will be more stringent than we have seen in the past. The current expectation is a removal or limitation on the use of tools to aid in translation, and heightened scrutiny of driver proficiency in the English language to be able to read, write, or speak English sufficiently to converse with the general public or to understand highway traffic signs and signals.
State governments have also begun to follow suit and implement their own regulations on English language proficiency for commercial truck drivers and with the recent Executive Order, we anticipate this trend to continue in additional states.
How can you Prepare?
Proactive preparation is key to navigating quickly approaching stricter regulatory enforcement.
Driver Roster Evaluation
A brief review of your company’s current driver roster to evaluate how these changes will affect you is the best place to start. Are all your current drivers comfortable enough in English to discuss general highway signs and engage in simple discussions? Are your drivers currently utilizing tools to aid in translation?
Meeting New Guidelines and Mitigating Costs
In the likely event that you determine that you currently have drivers on your roster that aren’t fully comfortable, you can begin to take steps to bring these drivers into compliance and mitigate the costs of doing so. Specifically, seeking out resources to aid in English language learning, specifically courses focused on occurrences a commercial driver may encounter in their employment, may be enough to bring drivers into compliance. Similarly, if you’re interviewing new applicants, you can consider implementing an English proficiency assessment, mirroring the Secretary of Transportation’s new guidelines during the recruitment process, which again focuses on occurrences a commercial driver may encounter in their employment. Finally, your company will want to consider a comprehensive risk-assessment which includes reviewing and updating HR and internal policies, driver onboarding material, and safety training content to align with the changing regulatory requirements.
Here at Mathis Law Group, we specialize in providing tailored legal services that address each company’s unique and specific concerns so that you can focus on what you do best – getting goods where they need to go. Our commitment to your success means we’ll be there when you need us most, offering expert advice, proactive risk management, and experienced legal representation.
To schedule a consultation to discuss how we can best help you protect your business and keep you and your drivers on the road to success, click here.