FMCSA Issues New Two-Step Enforcement Process for CDL English Proficiency

Effective immediately, the Federal Motor Carrier Safety Administration (FMCSA) has rolled out new guidance to enforce English-language proficiency (ELP) requirements for commercial motor vehicle (CMV) drivers—a move aimed at strengthening roadway safety and reversing years of relaxed enforcement.

This new policy follows an executive order signed by President Trump in April 2025 and aligns with U.S. Department of Transportation Secretary Sean Duffy’s directive to ensure all CMV drivers meet the safety-critical English-speaking requirements outlined in 49 CFR § 391.11(b)(2).

What’s Changing? A New Two-Step Evaluation Process

FMCSA has instructed enforcement personnel to follow a two-step evaluation process during roadside inspections to determine whether a driver complies with the ELP rule:

Step 1: Initiate Inspection in English

All roadside inspections must begin in English. If the driver appears unable to understand or respond appropriately, the officer will proceed with a formal English Proficiency Assessment.

Step 2: Conduct ELP Assessment

This consists of two parts:

1. Driver Interview
   Inspectors will ask the driver to respond to official questions in English without the use of:
   • Interpreters
   • Cue cards or “I-Speak” cards
   • Translation apps or services
     If the driver cannot respond sufficiently, they will be cited for an ELP violation. If they fail the interview, the second step is skipped.
2. Highway Sign Recognition
   If the driver passes the interview, the inspector will assess their understanding of U.S. traffic signs—including electronic message signs—based on the Manual on Uniform Traffic Control Devices (MUTCD).

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.

What Fleets Should Do Now

With this rule now in effect, trucking companies must act fast to avoid violations, fines, and out-of-service delays.

Here’s how to prepare:

• Verify all drivers meet English proficiency requirements
• Update your hiring and training procedures
• Conduct internal assessments or partner with compliance experts

At CNS Companies, we provide English proficiency testing and partner with organizations that help non-English-speaking drivers become road-ready.

Contact us at 888.260.9448 or info@cnsprotects.com to ensure your fleet is compliant with the new rules.