New Law Codifies English Language Proficiency as an Out-of-Service Violation

On February 4, 2026, President Trump signed into law a federal funding bill that not only ended a partial government shutdown but also delivered several major policy changes impacting the trucking industry.

The legislation funds the federal government through September 30, 2026 and locks in long-debated trucking provisions that will directly affect enforcement, compliance, and infrastructure.

Among the most consequential changes: the President’s English Language Proficiency (ELP) executive order is now codified into law, officially making ELP non-compliance an out-of-service (OOS) condition.

Here are the details.

English Language Proficiency Is Now an Enforceable OOS Violation

The new law requires the Department of Transportation to update its regulations so that violations of 49 CFR § 391.11(b)(2) trigger an out-of-service order.

That regulation requires commercial motor vehicle drivers to be able to:

• Read and speak English well enough to converse with the general public
• Understand highway traffic signs and signals in English
• Respond to official inquiries
• Make required entries on reports and records

Until now, ELP violations were often inconsistently enforced and rarely resulted in an immediate OOS designation. With this change, enforcement officers will be required to place drivers out of service if they are found non-compliant during inspections.

Related: Enroll in our English Language Proficiency Assessment – $20.00

Key Takeaways:

• The legal background and importance of English language compliance
• What officers may ask during inspections—and how to answer confidently
• How to read and interpret traffic signs and road conditions
• Best practices for organizing documents and communicating trip details
• Real-world conversation skills for discussing ELDs, shipping papers, and vehicle safety

What Inspectors Will Look For: ELP Checklist

Inspectors are not testing grammar, they are evaluating whether a driver can safely and effectively operate in the U.S. transportation system.

Below is what inspectors will realistically assess during a roadside inspection.

Verbal Communication Ability

Inspectors will determine whether the driver can:

• Respond to questions in English without relying on:
  • A translator
  • A phone app
  • Another person
• Answer basic inspection-related questions such as:
  • “Where are you coming from?”
  • “What are you hauling?”
  • “Who do you work for?”
• Understand and respond appropriately to:
  • Instructions
  • Follow-up questions
  • Clarifications

Red flag: The driver cannot carry on a basic back-and-forth conversation or repeatedly responds with confusion to standard questions.

Understanding of Traffic Signs and Signals

Inspectors may assess whether the driver can:

• Explain the meaning of common U.S. traffic signs (in English)
• Demonstrate understanding of:
  • Stop, Yield, Speed Limit, Detour, and Warning signs
  • Electronic message boards
• Acknowledge how they follow posted instructions during travel

Red flag: The driver cannot explain or recognize standard English-language traffic signage.

Ability to Respond to Official Instructions

During the inspection, the driver must be able to:

• Follow verbal directions such as:
  • “Pull forward”
  • “Set your brakes”
  • “Provide your logbook”
  • “Step out of the vehicle”
• Understand safety-related commands without repeated explanation

Red flag: The driver repeatedly misunderstands or fails to comply with spoken instructions due to language barriers.

Completion of Required Records

Inspectors may check whether the driver can:

• Make entries on required records in English, including:
  • Logbook or ELD annotations
  • Inspection reports
  • Shipping documents (as applicable)
• Explain what the entries mean if asked

Red flag: The driver cannot read, write, or explain required records in English.

Overall Safety Judgment

Ultimately, inspectors are asking one question:

Can this driver safely operate a commercial motor vehicle and interact with enforcement, emergency personnel, and the public in English?

If the answer is no, the driver may be placed out of service immediately under 49 CFR § 391.11(b)(2).

Why This Matters for Carriers

This is a significant shift from policy guidance to black-and-white enforcement. Carriers, especially those hiring non-domiciled or ESL drivers, should expect:

• Increased scrutiny during roadside inspections
• Greater emphasis on verbal communication during enforcement encounters
• Higher risk of immediate OOS orders impacting operations

Driver qualification processes, onboarding, and corrective training programs will need to account for this change quickly.

What Fleets Should Be Doing Now

For carriers, safety managers, and HR teams, proactive preparation will be key to avoiding operational disruptions as enforcement catches up with the new law.

• Review driver qualification files for ELP readiness
• Prepare drivers for roadside verbal interactions, not just paperwork
• Monitor inspection trends once DOT updates its regulations
• Stay informed as states begin rolling out federally funded truck parking projects