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The assessment consists of two parts: the first part is an interview with the driver, and the second is a traffic sign recognition evaluation.
On April 28, the Trump administration, along with the Secretary of the Department of Transportation, Sean Duffy, formalized the legal enforcement of existing federal law requiring all commercial vehicle drivers in the United States to be proficient in the English language. The measure instructs authorities to review and update the out-of-service criteria to ensure that drivers who do not meet English proficiency standards are temporarily removed from operation.
In response to the guidelines, on May 20, the Federal Motor Carrier Safety Administration (FMCSA) issued guidance on compliance with this requirement, an executive order that also calls for a review of non-domiciled Commercial Driver’s Licenses (CDLs), which are often issued to foreign nationals.
In its guidance, the FMCSA advises all personnel to initiate roadside inspections in English. If the inspector’s initial contact with the driver indicates the driver may not understand instructions, the inspector must then conduct an English Language Proficiency (ELP) assessment to determine the driver’s compliance with the English proficiency rule, known as 49 CFR § 391.11(b)(2).
Two-stage assessment
The assessment consists of two parts, as established by the FMCSA. The first part is an interview with the driver, and the second is a traffic sign recognition evaluation.
During the driver interview, the FMCSA states that the driver must demonstrate the ability to communicate in English without external assistance. The use of interpreters, I-Speak cards, mobile apps, or other aids is prohibited, as they could conceal a lack of language proficiency.
If the inspector determines that the driver cannot adequately respond to official questions in English, the driver will be cited for violating 49 CFR § 391.11(b)(2). In that case, the traffic sign evaluation will not be necessary.
When applicable, inspectors must proceed to the second stage, verifying that the driver understands U.S. traffic signs, including those from the Manual on Uniform Traffic Control Devices (MUTCD) and electronic variable message signs. The goal is to ensure the driver clearly understands their meaning.
What happens if a driver fails the English proficiency assessment?
When an inspector cites a driver for violating regulation 49 CFR § 391.11(b)(2), they must document all supporting evidence for the violation, including the driver’s responses—or lack thereof. According to FMCSA policy, if the violation is listed in the North American Standard Out-of-Service Criteria, the inspector must:
- Immediately place the driver out of service.
- Initiate, if necessary, the process to disqualify the driver from interstate transportation.
As of June 25, the Commercial Vehicle Safety Alliance (CVSA) incorporated failure to meet the English language proficiency (ELP) requirement into these out-of-service criteria. In such cases, the inspector must inform the driver that they may not operate commercial vehicles while out of service and must not do so until the issue is resolved.
On the other hand, if the driver demonstrates the ability to respond and understand traffic signs, the inspector may continue the inspection using appropriate communication methods.
There are some exceptions, as follows:
- In U.S.–Mexico border zones, inspectors may cite the driver for this violation but should not place them out of service or begin disqualification proceedings.
- Drivers with hearing impairments who have a waiver for the hearing requirement will not be considered unqualified or placed out of service solely for being unable to communicate orally in English.
In addition to the assessments, inspectors will be reviewing non-domiciled commercial driver’s licenses issued by states to identify irregularities and ensure U.S. drivers are properly qualified.
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