Pursuant to President Donald Trump’s Executive Order titled “Enforcing Commonsense Rules of the Road for America’s Truck Drivers,” effective June 25, 2025, federal and state officials will enforce out-of-service violations for commercial motor vehicle (CMV) drivers who fail English language proficiency (ELP) assessments.
The Federal Motor Carrier Safety Administration (FMCSA) circulated a new enforcement policy on May 20, 2025, mandating inspectors to begin all roadside inspections in English. If the inspector suspects the driver lacks ELP, the inspector should then subject the driver to an ELP assessment. Effective immediately, drivers who fail the ELP assessment will be cited for a violation of the ELP requirement. Effective June 25, 2025, inspectors will also place the driver out of service for noncompliance with the ELP standard.
Two-step ELP assessment process
Step 1: Driver Interview – to determine a driver’s ability to respond sufficiently to official inquiries.
- All roadside inspections will begin in English.
- Drivers must be prepared to answer questions in English about the following topics:
- Origin and destination of a recent or planned trip
- Amount of time spent on duty, including driving time and record of duty status (logbook)
- Information contained in the driver’s license
- Information contained in shipping papers (actual or sample, including hazardous materials if applicable)
- Vehicle equipment subject to inspection
- Interpreters, cue cards, translation apps or other aids are not permitted during this assessment.
- If the driver fails the driver interview, the driver will be cited for a violation of the ELP requirements and will not be permitted to proceed to Step 2 of the assessment. If the driver passes the driver interview, the inspector can then commence Step 2 of the assessment of the driver’s understanding of highway signs.
Step 2: Highway Traffic Sign Recognition Assessment – to determine a driver’s ability to sufficiently understand U.S. highway traffic signs.
- Drivers must correctly identify and explain the meaning of common U.S. highway traffic signs that they may encounter while operating a CMV, including dynamic (changeable) message signs.
Assessment determination and consequences
If the inspector determines that the driver is compliant with the ELP requirements of responding to official inquiries in English and understanding highway traffic signs and signals, the inspector may elect to conduct the remainder of the inspection using the communication methods and techniques best suited to facilitate the safe and effective completion of the inspection. However, if the inspector determines the driver is not in compliance, the inspector will take follow-up action, including: 1) placing the driver immediately out of service; and 2) when warranted, initiating an action to disqualify the driver from operating commercial motor vehicles in interstate commerce.
Remediation and reassessment
Neither the FMCSA nor the Commercial Vehicle Safety Alliance (CVSA) has provided guidance to clarify whether remediation is possible by demonstrating compliance with the ELP requirement or whether an appeal process will be available. Similarly, there is no official FMCSA or CVSA guidance specifying how or when a driver may be reassessed after an out-of-service violation.
Action items: preparing for ELP compliance
As highlighted in our previous client alert, it is critical for motor carriers and drivers to take proactive steps to ensure compliance with the new ELP enforcement policy. In preparation for navigating this new regulatory environment, consider the following action items:
- Conduct internal ELP assessments for current drivers
- Evaluate all current drivers’ ELP using the criteria specified in Steps 1 and 2.
- Identify drivers who may need additional language support or training.
- Prepare and provide resources for drivers who require additional language support or training.
- Provide targeted training
- Offer English language training focused on:
- Responding to official inquiries about trip details, logbook, and shipping documents
- Understanding and explaining common U.S. highway signs, including dynamic message signs
- Consider engaging in mock interviews or practice assessments to simulate the roadside inspection process.
- Perform a comprehensive risk assessment to update company policies and procedures
- Document your company’s ELP compliance plan.
- Review and update HR and internal policies, driver onboarding material, and safety training content to align with the changing regulatory requirements. Ensure that these new requirements and expectations are communicated to all drivers and relevant company staff.
- Revamp the driver hiring process by conducting ELP interviews, mirroring the Secretary of Transportation’s new guidelines, during the recruitment process.
- Develop a plan to recover equipment and cargo in the event that a driver faces an out-of-service violation.
- Monitor regulatory updates
- Stay informed about any new FMCSA or CVSA guidance regarding remediation, appeals or reassessment procedures.
- Regularly review updates from legal counsel and industry associations.
Key takeaways
- Evaluate and prepare drivers: Ensure drivers are ready for ELP assessments during any roadside inspection.
- No exemptions: Passing previous inspections does not exempt drivers from future ELP assessments.
- Remediation and reassessment process unspecified: Currently, there is no official guidance on how or when a reassessment can be carried out after an out-of-service violation for failure to meet ELP standards.
By pursuing the described action items now, motor carriers can minimize the risk of violations, out-of-service orders and potential disqualification of drivers. For further guidance or assistance in implementing these action items, please contact our office.
Please note that the information in this article is current as of June 9, 2025. The content of this article is for informational purposes and does not constitute legal advice, nor is it intended to be a substitute for legal counsel on any subject matter. You should not act or refrain from acting on the basis of any information in, or accessible through, this article without seeking appropriate legal or other professional advice on the particular facts and circumstances at issue.