Updates to English Proficiency and Safety Requirements
On May 20, 2025, USDOT Secretary Sean P. Duffy signed an enforcement order that introduces stricter enforcement for English Language Proficiency (ELP) to all commercial motor vehicle (CMV) drivers. This shift comes years after the 2016 policy that loosened up ELP requirements for the trucking industry. During this shift, instead of drivers being placed out of service (OOS) for ELP failure, they were given citations.
On June 25, 2025, the Implementation of OOS for ELP failure began as a means to enhance highway safety.
Within just 30 days of the implementation, 1,500 CMV drivers were placed in an OOS status due to their lack of English proficiency. This status can result in higher compliance, safety, and accountability (CSA) scores, damage to the company’s reputation, and loss of workers.
This guide provides the key information to help ensure your company stays compliant with the new regulations.
Two-Step Assessment Process for English Proficiency and Safety Requirements
The enforcement order declared that any CMV driver who was not able to speak or understand English would be placed out of service.
The assessment process is as follows:
- An oral interview. Inspectors will make impromptu roadside inspections to assess the driver’s ability to comprehend English. This will be done naturally, through the use of simple questions related to the trip, documentation, or basic conversation. The inspector will assess the responses to gauge the comprehension level of the driver.
- After passing the oral interview, drivers must then take a traffic sign test, which tests their knowledge of basic highway road signs. This might look like the inspector asking the driver to explain certain road signs, to which the driver should answer to the best of their ability.
This two-step process ensures that drivers can safely operate their vehicles without miscommunication issues arising.
What happens if you don’t pass the English Proficiency and Safety Requirements
Depending on the level of comprehension and exceptions, drivers may be placed Out of Service (OOS) if they fail the assessment. Other drivers may face penalties, fines, or higher CSA scores.
If you believe your assessment results are inaccurate, you can request a review through the DATAQ system.
Exceptions for English Proficiency and Safety Requirements
- CMV drivers operating in U.S.-Mexico border commercial zones may be issued a warning citation, but not an OOS status immediately.
- CMV drivers who have hearing exemptions are not disqualified solely on the oral interview. In this case, the roadside traffic sign test will count for the majority of the exam.
How Carriers Can Prepare for English Proficiency and Safety Requirements
The USDOT does not require CMV drivers to be fluent in English; instead, they need a basic level of English proficiency to ensure that safety regulations can be understood and followed.
Carriers can prepare for these tighter regulations by including the assessment as a part of the onboarding process. Natural interviews conducted orally, as well as traffic-sign recognition, will benefit both the carrier and the driver by testing their proficiency before operation.
To comply with new regulations regarding English proficiency and safety requirements for trucking companies, it is important for carriers to know the risks of failure, as well as the process for the assessment. As a company, your workers are a team, and teams must work together to ensure everyone operates safely and in compliance.
Thank you for reading.
English proficiency enforcement is once again a major compliance priority for FMCSA. Preparing drivers before roadside inspections can help reduce out-of-service violations, protect your CSA scores, and keep your operations moving.
Whether you need help understanding the new requirements, preparing your drivers, or managing your broader FMCSA compliance obligations, our team is here to help.
Need assistance today?
- Call (800) 500-9295 to speak with a compliance specialist directly to help you navigate your filings with confidence or
- Self-File at FMCSA.com
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Frequently Asked Questions About FMCSA English Language Proficiency (ELP) Requirements
Commercial drivers operating in interstate commerce must demonstrate enough English proficiency to safely operate a commercial motor vehicle. Drivers are not required to be fluent, but they must be able to communicate effectively in everyday work situations.
The requirement exists to promote highway safety by ensuring drivers can communicate with law enforcement, understand traffic signs, respond to emergencies, and follow official instructions.
No. Drivers are not expected to speak perfect English. They only need a practical working knowledge of the language to perform their job safely.
Drivers should be able to:
● Read highway signs
● Communicate with law enforcement
● Speak with roadside inspectors
● Understand shipping papers
● Respond during emergencies
● Follow traffic directions
Most commercial drivers operating in interstate commerce under FMCSA regulations are required to meet the English language proficiency standard.
English proficiency is typically evaluated during roadside inspections when an inspector believes an assessment is appropriate.
Inspectors generally use a two-step process that includes a conversational assessment followed by traffic sign recognition if necessary.
The inspector asks simple questions about the driver’s trip, cargo, destination, or shipping documents to determine whether the driver can communicate effectively in English.
No. Inspectors focus on whether the driver can understand and respond appropriately, not whether they speak perfect English.
Drivers may be asked to identify signs such as:
● Low bridge warnings
● Railroad crossings
● Weight limits
● Detour signs
● Hazard warnings
● Speed limit signs
No. Drivers are generally expected to communicate directly with the inspector without relying on translation assistance.
Drivers who cannot demonstrate the required level of English proficiency may be placed Out of Service (OOS) during the inspection.
An Out-of-Service order prevents the driver from operating a commercial motor vehicle until the issue has been resolved under applicable regulations.
Potential consequences include:
● Out-of-Service status
● Delivery delays
● Driver replacement costs
● Operational disruptions
● Additional roadside scrutiny
● Possible CSA impacts
Yes. Even a single Out-of-Service event can disrupt schedules, increase administrative work, and affect a carrier’s compliance record.
Limited exceptions exist, including certain drivers operating in designated U.S.-Mexico border commercial zones and some drivers with approved FMCSA hearing exemptions.
No. These exceptions apply only in specific circumstances and should not be viewed as broad exemptions from the regulation.
Carriers should evaluate English communication skills before drivers begin operating under their authority and address concerns during the hiring process.
Best practices include:
● Conducting interviews in English
● Reviewing shipping documents with drivers
● Practicing roadside conversations
● Reviewing common highway signs
● Including English proficiency in safety training
Yes. Carriers should periodically evaluate communication skills, particularly when hiring new drivers or expanding operations.
Yes. Keeping records of internal qualification procedures may help demonstrate a consistent compliance program.
Yes. Drivers or carriers may request a review of certain inspection findings through the FMCSA DataQs system if they believe an error occurred.
No. Filing a request does not automatically remove the violation or allow the driver to resume operating while the review is pending.
Supporting documentation may include inspection records, qualification information, or evidence that applicable inspection procedures were not properly followed.
The best approach is to evaluate English proficiency before drivers begin operating, provide ongoing communication training, and ensure drivers can safely communicate during inspections and routine commercial operations.