FMCSA Codifies Strict English Proficiency Rule for Commercial Truck Drivers, Citing Safety Loophole

For nearly a decade, the enforcement of English-language proficiency for commercial truck drivers has swung back and forth like a pendulum, caught between competing administrative priorities. Now, the Federal Motor Carrier Safety Administration (FMCSA) is attempting to settle the matter permanently.[3]

The agency has issued a Notice of Proposed Rulemaking to codify its English Language Proficiency (ELP) guidelines into formal federal regulation. The move aims to ensure that drivers who cannot sufficiently read or speak English are consistently placed out of service during roadside inspections, standardizing enforcement across all 50 states.[1][5]

The underlying requirement is not new; federal regulations dating back to 1937 have mandated that commercial motor vehicle operators be able to converse with the general public, understand highway traffic signs, respond to official inquiries, and make legible entries on reports. However, the way this rule is enforced has changed dramatically depending on the administration in power.[5]

In 2016, the Obama administration issued a guidance memorandum instructing inspectors not to place drivers out of service solely for failing an ELP evaluation. Instead, drivers who could communicate using smartphone translation apps or interpreters were issued minor administrative citations and allowed to continue driving.[3][5]

That approach was reversed in April 2025, when the Trump administration issued an executive order reinstating strict, zero-tolerance enforcement. Transportation Secretary Sean P. Duffy noted that since the reinstatement, roadside inspectors have pulled more than 26,000 unqualified drivers off American roads.[1][4]

"Federal law is clear, drivers who can't read or speak English—our national language—or understand road signs are unqualified to operate 80,000-pound big rigs on America's highways," Duffy said in a statement. By turning the current guidance into a codified rule, the Department of Transportation intends to close what it describes as a dangerous safety loophole and prevent future administrations from easily walking back the requirement.[1][4][5]

The proposed rule also addresses the complexities of cross-border freight. It includes a specific exemption for drivers operating exclusively within designated U.S.-Mexico border commercial zones.[2]

Under this provision, drivers who fail an ELP evaluation within the border zone will be cited but not placed out of service, provided their current trip does not take them further into the United States. If an inspector finds evidence—such as a bill of lading or dispatch record—indicating the driver intends to operate beyond the commercial zone, the exemption is voided and the driver will be placed out of service immediately.[2][5]

The push for codification was heavily supported by the Commercial Vehicle Safety Alliance (CVSA), which petitioned the FMCSA in 2025 to align federal regulations with the North American Standard Out-of-Service Criteria. The CVSA argued that a formal rule was necessary to ensure uniform enforcement and eliminate the confusion caused by shifting agency memos.[2][5]

For fleet operators, the regulatory shift represents a critical compliance challenge. The FMCSA estimates that the proposed rule could result in roughly 9,000 drivers being placed out of service annually. With unnecessary downtime costing fleets up to $800 per day, carriers are increasingly self-regulating by implementing language proficiency tests for new candidates and adjusting their dispatch routes to ensure compliance.[3]