Takeaways

Businesses that employ drivers of commercial motor vehicles who operate in interstate commerce (CMV drivers) have some work to do before June 25, 2025. That is when CMV drivers who cannot speak and understand English sufficiently to meet the Department of Transportation (DOT) English language proficiency qualification standard (ELP Standard) will start being taken out-of-service. Here is what you need to know to prepare for the shift in enforcement to ensure continued timely service to customers and to retain drivers.

On April 28, 2025, President Donald Trump issued Executive Order 14286, directing the secretary of transportation and the Federal Motor Carrier Safety Administration (FMCSA) to take certain steps to ensure CMV drivers can meet the ELP Standard set forth in 49 CFR § 391.11(b)(2) and to place drivers out-of-service (OOS) if they cannot do so.

On May 20, 2025, Transportation Secretary Sean Duffy announced issuance of new guidance to enforce the ELP Standard. The guidance is explained in the FMCSA’s May 20, 2025, Internal Agency Enforcement Policy (New FMCSA Policy). The publicly available policy is redacted, perhaps to avoid sharing details that could potentially risk enforcement efforts. The New FMCSA Policy rescinds the more lenient 2016 policy. It outlines the steps below that inspectors should begin taking to enforce the ELP Standard.

New FMCSA Policy:

Step 1: Assessment of Ability to Respond to Official Inquiries

Step 2: Assessment of Ability to Understand Road Signs

Step 3: Documentation and Consequences of Failure to Pass the ELP Assessment

Step 4: Conducting the Remainder of the Inspection If the Driver Passes the ELP Assessment

Applicability Of the Policy:

Implementation and Future Changes:

Next Steps for Employers

Planning and thoughtful, timely communication with your drivers is the key to compliance, uninterrupted customer service, and driver retention. 

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