FMCSA Issues New Enforcement Guidance on English Language Proficiency for Inspectors

CellEx Consulting
2 days ago
3 min read

Updated: 2 days ago

Effective Immediately | CVSA Alignment Coming June 25

In a pivotal shift that marks the end of a decade-long relaxed stance, the Federal Motor Carrier Safety Administration (FMCSA) has released internal enforcement policy guidance that significantly tightens English Language Proficiency (ELP) enforcement for commercial motor vehicle drivers.

The update follows U.S. Transportation Secretary Sean Duffy’s announcement on Tuesday, formally rescinding the Obama-era guidance that allowed leniency for drivers struggling with English during inspections. With the regulatory pendulum swinging back toward strict compliance, the FMCSA has now instructed its enforcement personnel to immediately implement a new inspection protocol emphasizing English proficiency.

🔍 What Inspectors Are Now Required To Do

According to the FMCSA’s newly circulated internal enforcement policy, inspectors are directed to initiate every roadside inspection in English and carefully assess whether the driver can understand and respond without assistance. The two-part ELP assessment includes:

Driver Interview Assessment Inspectors will evaluate the driver’s ability to comprehend and respond to official questions and directions in English. Use of translation tools or interpreters (including I-Speak cards, cue cards, smartphone apps, or language lines) is explicitly prohibited during this phase, as such aids could hide true proficiency levels.
Traffic Sign Recognition Assessment If the driver passes the verbal interview, they may also be asked to identify highway traffic signs and electronic message boards commonly encountered on U.S. roads. These must conform to the Manual on Uniform Traffic Control Devices (MUTCD) standards.

⚠️ Key Note: If a driver fails the verbal interview, the inspector must cite the driver under 49 CFR § 391.11(b)(2) and should not proceed to the sign recognition phase.

🚛 Border Zone Clarification

In a special provision for U.S.-Mexico border commercial zones, FMCSA clarified that drivers found in violation should be cited, but not placed out-of-service or disqualified until further criteria are met. However, once the Commercial Vehicle Safety Alliance (CVSA) incorporates the ELP violation into its North American Standard Out-of-Service Criteria on June 25, full enforcement – including disqualifications – is expected to follow.

📜 Redacted, but Binding

While parts of the enforcement document remain redacted under Freedom of Information Act (FOIA) exemptions—protecting investigative procedures—FMCSA has confirmed that the guidelines are enforceable now, and federal inspectors have been ordered to “take all necessary actions” if a driver is found unqualified based on English proficiency.

This move aligns with a broader federal directive designating English as the official language of the United States government and advocating for English-only CDL testing nationwide.

📅 What This Means for the Industry

Starting June 25, 2025, when CVSA adopts this shift into Out-of-Service criteria, non-English proficient drivers could face OOS orders during inspections. Carriers and fleet owners are urged to:

Review driver qualification files
Ensure all current and future drivers meet English proficiency standards
Reinforce driver communication skills during training

Failure to comply may result in citations, out-of-service orders, and possible disqualifications — impacting operations, CSA scores, and insurance risk.

📥 [DOWNLOAD the Enforcement Policy (Redacted)]

🛡️ Stay Compliant with CellEx Consulting Group

CellEx Consulting Group offers comprehensive driver training, compliance assessments, and CDL qualification audits to ensure your fleet is ready for this and other FMCSA policy changes. Don’t risk your operation—contact us today to update your safety protocols before the June 25 enforcement date.

📢 Follow Safety Lane Magazine for continuing updates on this and all federal enforcement initiatives.

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