Failing an English language proficiency test will put drivers out-of-service.

The Federal Motor Carrier Safety Association (FMCSA) has recently decided to crack down and increase enforcement of the English Language Proficiency (ELP) requirements for commercial drivers in the United States. This stemmed from an executive order from current President Trump.

 Section 391.11(b)(2) of the Federal Motor Carrier Safety Regulations (FMCSRs) currently states that a person is qualified to drive a commercial motor vehicle if he/she “can read and speak the English language sufficiently to converse with the general public, to understand highway traffic signs and signals in the English language, to respond to official inquiries, and to make entries on reports and records.”

This is not to be construed to prohibit those with hearing impairments and may not be able to speak, but can still read and write in the English language.

This past May 2025 the FMCSA released a memo to providing guidance for law enforcement personnel on how to evaluate drivers on their English language proficiency. There are two assessments that drivers will be put through. The first being a driver interview, and providing the driver passes this level of testing they will then have a highway traffic sign recognition assessment.

English language proficiency Test 1: Driver Interview

During this test the interviewer will test the driver’s ability to respond to official inquiries by speaking English sufficiently. Word to the wise such tools as interpreters, I-Speak cards, cue cards, smart phone applications, and On-Call Telephone Interpretation Service will not be available as they may allow a driver to fake their ability to speak English effectively. Inspectors have been instructed to speak slowly, naturally, and not to rush the interview process.

If a driver fails to pass the driver interview, they will be placed out of service until such time as the driver can prove that they are able to read and speak English.

If the driver passes the interview they can proceed to the second test: Highway Traffic Sign Recognition

English language proficiency Test 2: Highway Traffic Sign Recognition

Alright so the first test is passed. Next up is the Highway Traffic Sign Recognition. Now this will  include signs that conform to the Federal Highway Administration’s Manual on Uniform Traffic Control Devices for Streets and Highways (linked in case you want to double check your knowledge!) as well as electronic-display messages.

If the driver passes test two they are off on their way again! If the driver doesn’t pass- the inspector must write up all evidence for why the driver failed to pass the English proficiency test. They will then place the drive out-of-service, and the driver will be disqualified from operating commercial vehicles in interstate commerce.

There is one small exemption: those operating in commercial zones along the U.S- Mexico border. These drives can still be cited for ELP violations but will not be place out-of-service.

Some states are passing bills that impose some steep consequences for not complying with the ELP requirements. Arkansas is one of them. They recently passed a bill that imposes a fine of up to $1000 and making a Class D felony for foreign drivers driving commercially without proper documents or falsified documents. This is something to be taken seriously as Class D cannot be expunged from a driver’s criminal record.

Why the crackdown on ELP?

This all comes from President Trump’s executive order to enforce the existing English language proficiency requirements that have been in place since the 1930’s. This executive order reverses a policy that came about in 2016 that a violation of the ELP wouldn’t put a driver out-of-service. But come June 25, 2025, it will put drivers out-of-service if they cannot satisfy the requirements.