ELP TRUCKING GUIDE

Ultimate Trucking English Proficiency and Enforcement Guide

English proficiency is no longer a compliance issue you can afford to ignore.

As of August 2025, strict federal and state enforcement of English Language Proficiency (ELP) laws for commercial drivers is reshaping the trucking industry.

Carriers that don’t take immediate action risk fines, out-of-service orders, operational delays, and increased audit scrutiny.

This guide breaks down everything you need to know, including key timelines, enforcement changes, training tips, and how CNS Companies can help you stay compliant with our English Proficiency Readiness Course.

9 ELP Updates & What to Know

Federal law under 49 CFR § 391.11(b)(2) has always required drivers to be able to read, write, and speak English well enough to:

  • Understand road signs and traffic signals
  • Respond to law enforcement or inspection officials
  • Write and understand reports or instructions

But inconsistent enforcement allowed many fleets to bypass this requirement — until now.

Recent high-profile crashes tied to communication barriers have made English proficiency a safety and compliance priority for the Federal Motor Carrier Safety Administration (FMCSA) and state enforcement agencies.

Key Actions from the Executive Order:

  • Rescinding Weak Enforcement Guidance:
    The Secretary of Transportation must rescind Obama-era guidance that softened the English proficiency requirement for truck drivers.
  • Enhancing Out-of-Service Criteria:
    FMCSA is ordered to revise its out-of-service standards so drivers violating English proficiency rules can be placed immediately out of service.
  • Reviewing CDL Issuance:
    The Secretary must audit state processes for issuing non-domiciled Commercial Driver’s Licenses (CDLs) to ensure only properly qualified drivers are licensed.
  • Improving Driver Conditions:
    The Executive Order calls for broader regulatory, administrative, and enforcement actions to protect American truck drivers’ working conditions.

Then, on May 1st, Commercial Vehicle Safety Alliance (CVSA) voted to make a lack of English proficiency part of the out-of-service criteria for truckers.

Supporting America’s Truckers and Roadway Safety

President Trump’s order highlights that:

  • English proficiency is a non-negotiable safety requirement.
    Truck drivers must be able to read road signs, respond to officials, and communicate effectively in English.
  • Existing law already mandates this proficiency, but relaxed enforcement had coincided with rising trucking fatalities.
  • Motor vehicle crashes remain a leading cause of death, claiming over 120 lives daily in the U.S.

Trump emphasized that ensuring English proficiency is critical not only for safety but also to support the livelihoods of America’s trucking community.

States Follow Suit: Fines and Penalties

While enforcement efforts have faced criticism over potential profiling, both federal and state regulators emphasize that a basic command of English is essential for roadway safety and regulatory compliance.

Following the federal move, states are beginning to strengthen their own enforcement:

  • Arkansas:
    On April 14, 2025, Gov. Sarah Huckabee Sanders signed a law requiring all truck drivers to demonstrate they can read, write, and speak English.
    • Drivers failing English proficiency can be fined $500 for the first offense and $1,000 for subsequent offenses.
    • The law also makes it a felony for foreign-domiciled drivers to present improper documentation.

While no other states have enacted specific fines for English proficiency violations, enforcement actions have occurred:​

  • Alabama: In a notable case, a truck driver was fined $500 for failing to demonstrate adequate English skills during a roadside inspection. ​
  • Wyoming: The Wyoming Highway Patrol reported 410 inspections citing non-English proficiency violations between October 2023 and September 2024. However, due to federal guidelines in place at the time, these violations did not result in suspensions.

Date

Change or Action

April 2025

President Trump signs Executive Order enforcing strict ELP standards.

May 1, 2025

CVSA votes to add ELP violations to the out-of-service criteria.

June 25, 2025

Out-of-service enforcement begins nationwide for ELP violations.

August 25, 2025

Enforcement ramps up in multiple states, including Pennsylvania.

September 2025

Heightened audits and roadside inspections across California, Washington, and New Mexico as FMCSA threatens to withhold millions in funding over poor compliance.

FMCSA’s two-step roadside inspection process now standardizes how officers evaluate English skills:

Step 1: Initial English Interaction

Drivers must start every inspection in English. If communication fails, a formal assessment begins.

Step 2: English Proficiency Assessment

  • Driver Interview – Officers ask compliance and safety questions without interpreters, apps, or cue cards.
  • Highway Sign Recognition – Drivers must correctly identify and understand U.S. road and electronic traffic signs.

Result: Failing either step can mean an immediate out-of-service order, leaving your truck and freight stranded until a compliant driver arrives.

New Penalties: Out-of-Service Orders Now in Effect

Beginning June 25, 2025, the Commercial Vehicle Safety Alliance (CVSA) will include ELP violations in the North American Standard Out-of-Service Criteria.

If a driver is cited for ELP non-compliance:

  • They may be immediately placed out of service.
  • The inspector must document evidence, including the driver’s actual responses.
  • In some cases, FMCSA may initiate action to disqualify the driver from interstate commerce.

“America First means safety first,” said Secretary Sean Duffy. “This common-sense change ensures the penalty for failure to comply is more than a slap on the wrist.”

Border Zone Exception

FMCSA clarified that while drivers operating in border commercial zones (such as along the U.S.-Mexico border) can be cited for ELP violations, inspectors should not place these drivers out-of-service or pursue disqualification at this time.

Hearing-Impaired Driver Exemption

Drivers with a hearing exemption under 49 CFR § 391.41(b)(11) will not be deemed unqualified under the ELP rule solely for being unable to communicate orally in English.

Several states have already escalated enforcement:

  • Florida – Agricultural checkpoints now double as immigration and English testing stations. Expect longer inspections and zero tolerance for non-compliance.
  • Arkansas – Drivers failing proficiency checks face $500 fines for first offenses and $1,000 for repeat violations.
  • California, Washington, and New Mexico – Under federal scrutiny. Funding through MCSAP is at risk if states don’t enforce standards by federal guidelines.
  • Pennsylvania – Enforcement started August 25, 2025 with immediate out-of-service penalties.

If you’re a carrier or driver operating in or through Florida, expect stricter inspections starting immediately.

The state is adding immigration enforcement and English proficiency checks at all agricultural interdiction stations, in addition to their standard inspections.

What’s Changing

Florida’s agricultural inspection stations—separate from FDOT weigh stations—are now being used as enforcement points to identify unsafe or unauthorized drivers.

Key updates include:

  • English Proficiency Testing – Drivers must be able to understand and speak English per federal regulations.
  • Immigration Status Checks – Officers will verify driver documentation using authority under ICE’s 287(g) program.
  • Targeting Unsafe Drivers – Non-compliant drivers may be removed from service on the spot.

There are 23 inspection stations across the state, with 100% of Florida Department of Agriculture and Consumer Services (FDACS) officers now certified to enforce these new measures.

Why the Crackdown?

This move follows a fatal crash on the Florida Turnpike involving a driver who:

  • Held CDLs from California and Washington
  • Failed an English test, answering only 2 of 12 questions correctly
  • Could not identify basic traffic signs

Florida Attorney General James Uthmeier stated:

“If you’re here illegally or can’t speak English, you have no business operating large commercial vehicles on Florida’s roads.”

Florida has also asked the FMCSA to audit and potentially decertify CDL programs in California and Washington for issuing licenses in violation of federal safety rules.

Why This Matters to Carriers and Drivers

If your fleet operates in Florida, these inspections could impact operations, delay deliveries, and result in costly violations.

You must ensure:

  • Drivers meet English-speaking requirements
  • Documentation and licensing are current and compliant
  • Drivers understand how to communicate during roadside inspections

Funding at Risk: FMCSA Warns Carriers in CA, WA, and NM Over Lax English Proficiency Oversight

With millions of dollars in federal safety funding at risk, carriers in California, Washington, and New Mexico should expect heightened inspections, stricter enforcement, and potential operational disruptions in the weeks ahead.

These three states have been issued a Notice of Proposed Determination of Non-Conformity for failing to adequately enforce federal rules that require commercial drivers to speak, read, and understand English well enough to safely operate a commercial motor vehicle (CMV).

If these states do not comply within 30 days, the FMCSA is prepared to withhold all federal funding under the Motor Carrier Safety Assistance Program (MCSAP) — totaling:

  • California: $33 million
  • Washington: $10.5 million
  • New Mexico: $7 million

Here’s what this means for carriers operating in these states and what steps fleets should take to protect their operations.

According to FMCSA data:

  • California conducted more than 34,000 inspections since the new rules took effect but documented only one English proficiency violation that resulted in a driver being taken out of service.
  • Washington found 6,000+ safety violations during inspections but removed only four drivers for ELP violations.
  • New Mexico has not removed a single driver for failing to meet the language standard.

Transportation Secretary Sean Duffy made it clear: states that do not bring their enforcement efforts in line with federal requirements will lose their MCSAP funding, jeopardizing millions of dollars allocated to safety programs.

Non-compliance doesn’t just risk fines — it threatens your operations, safety scores, and reputation. Carriers can expect:

  • Increased Roadside Stops – Drivers questioned more thoroughly.
  • Higher Audit Risks – Documentation gaps flagged during safety audits.
  • Operational Delays – Out-of-service orders strand trucks, hurting delivery times and profitability.
  • Federal Oversight – States slow to enforce will see federal inspectors step in, often with less flexibility.

Why This Matters to Carriers and Drivers as Florida Increases English-Proficiency and Immigration Enforcement for Truck Drivers

If your fleet operates in Florida, these inspections could impact operations, delay deliveries, and result in costly violations.

You must ensure:

  • Drivers meet English-speaking requirements
  • Documentation and licensing are current and compliant
  • Drivers understand how to communicate during roadside inspections

What Fleets Should Do Now

To stay compliant and avoid downtime:

  • Verify all drivers meet FMCSA English proficiency requirements
  • Update your hiring and training policies
  • Conduct internal English assessments before drivers are dispatched
  • Train drivers on how to respond during roadside inspections
  • For drivers with English as a second language, enroll them in training:
    English Proficiency Readiness Course

What This Means for Carriers in CA, WA, and NM Over Lax English Proficiency Oversight

For carriers operating in these states, the combination of heightened scrutiny and potential funding cuts could have immediate operational impacts:

  1. Stricter Roadside Inspections

Expect increased inspections and more thorough checks for compliance with ELP rules. Drivers may face additional questioning during stops to verify their ability to:

  • Read and recognize road signs
  • Communicate clearly with enforcement officers
  • Complete reports and respond to instructions in English
  1. Delays and Operational Disruptions

If states lose their MCSAP funding, their ability to staff roadside enforcement and compliance programs could be disrupted. This could lead to:

  • Slower inspection processes due to reduced staffing
  • Federal personnel stepping in, potentially creating more aggressive or less flexible enforcement procedures
  1. Increased Federal Oversight

A loss of state funding could shift more authority to federal enforcement officers, who may implement a stricter interpretation of ELP compliance standards, leaving carriers little room for error.

  1. Compliance and Liability Risks

Carriers that fail to ensure drivers meet English proficiency requirements could face:

  • Out-of-service orders for drivers during inspections
  • Fines or penalties for repeated violations
  • Reputational damage or liability exposure in the event of a crash involving communication issues

Carriers should act now to stay ahead of enforcement:

Audit Your Driver Roster

  • Review current driver records for English competency documentation.
  • Flag drivers needing additional testing or training.

Update Your Hiring Practices

  • Include an English assessment in the onboarding process.
  • Clearly communicate proficiency expectations during recruitment.

Invest in Training

Drivers for whom English is a second language should take part in structured language courses, such as our English Proficiency Readiness Course. This ensures they’re road-ready and compliant before inspections.

Here are actionable ways to prepare drivers for success:

  • Simulate Roadside Inspections
    Role-play conversations drivers might have with officers.
  • Daily Practice
    Encourage English-only communication during pre-trip checks, dispatch calls, and log entries.
  • Sign Recognition Drills
    Use flashcards or mobile apps to familiarize drivers with MUTCD traffic signs.

Ongoing Support
Provide language tools, mentorship, and follow-up assessments every quarter.

Our course is designed for fleets and drivers who need a fast, effective path to compliance.

Key Benefits:

  • Comprehensive testing and training tailored to the FMCSA two-step inspection process
  • Flexible online and in-person options
  • Certificates of completion for driver qualification files
  • Expert support from compliance professionals

SIGN UP NOW → English Proficiency Readiness Course

With stricter federal oversight and immediate out-of-service penalties, compliance is not optional. Proactive training protects your fleet from violations, improves safety, and ensures your operations run smoothly in every state.

Stay ahead of enforcement changes. Call 888.260.9448 or email info@cnsprotects.com to schedule your testing and training today.

This course is designed for motor carriers and commercial drivers who need to assess, strengthen, or verify English language skills. It covers the key areas of verbal and reading comprehension required during roadside inspections, including how to clearly communicate with law enforcement officers, understand road signs and traffic control devices, and discuss essential trip details and vehicle operations.

Whether you’re a motor carrier building a safer fleet or a driver preparing for inspections, this course ensures you’re equipped to meet the updated requirements and keep moving forward—safely, legally, and confidently.

Audit Proof your trucking business