‘You're Out': FMCSA Cracks Down on English Proficiency Rules for CDL Drivers
If you're running a fleet or managing drivers in 2025, you'd better speak up, literally. On Tuesday, the Federal Motor Carrier Safety Administration issued new guidance that officially reawakens enforcement of the English Language Proficiency (ELP) rule found in 49 CFR § 391.11(b)(2). This time, there's real bite behind the bark: Starting June 25, drivers who can't pass a new two-part ELP roadside test could be placed out of service on the spot.
This move follows Executive Order 14286 signed by President Donald Trump, titled 'Enforcing Commonsense Rules of the Road for America's Truck Drivers.' The order signals a broader push toward tightening up highway safety enforcement, and language comprehension is now squarely in the spotlight.
The 2-Part Test
According to the FMCSA, every roadside inspection must now begin in English. If a driver shows signs of struggling to understand instructions, the officer initiates a two-step ELP assessment:A verbal interview: No interpreters, no phone apps, no cue cards – just the driver and the officer speaking English. Drivers who cannot respond to official questions adequately fail.
A highway sign recognition test: Drivers who pass the interview move on to identifying U.S. traffic signs, including dynamic message boards and MUTCD-standard signage.
Drivers who fail either test may be cited and placed out of service immediately. The Commercial Vehicle Safety Alliance has already added ELP violations to the North American Standard OOS Criteria, effective June 25.
Here's the Rub
The public-facing policy memo is heavily redacted. The FMCSA hasn't disclosed which interview questions or signs inspectors will use, leaving carriers scrambling to prepare. Without knowing the standards, enforcing the rule could quickly become inconsistent or biased, or even be challenged in court.
It's also triggered a broader debate within the industry about fairness, discrimination and due process, especially as enforcement ramps up.What About Deaf and Mute Drivers?
Here's where the conversation gets real.
In a recent LinkedIn post, I shared my frustrations as someone who speaks fast and Southern and sometimes isn't understood by Siri or Alexa. I've also trained deaf and mute drivers. Yes, they exist and can legally hold a CDL under 49 CFR § 391.41(b)(11) with an exemption.
'I know drivers who can't write,' I recently posted on LinkedIn. 'I know deaf and mute drivers. I've trained them. So, how do we reconcile a blanket English-speaking rule with a legal framework that already accommodates non-English-speaking CDL holders?'
That's the dilemma. Under FMCSA's guidance on CDL testing for hearing-impaired applicants, drivers who are deaf or hard of hearing may use alternative communication methods like sign language or written responses during licensing, but not at the roadside under this new enforcement memo.
So what happens when a deaf driver, legally licensed with a waiver, gets pulled over? How does that officer handle a driver who cannot speak but has already been certified under the law?
There's a real concern that blanket policies could conflict with disability protections under the ADA or FMCSA's waivers, putting fleets, officers and even the courts in tough legal territory.
What Fleets Must Do NowRegardless of your stance, the enforcement is live, and fleets need a plan. Here's where smart carriers start:
Update onboarding and qualification: Evaluate English comprehension as part of your road test, in-person interviews or orientation training. Document it.
Reassess current drivers: If you suspect someone may struggle with ELP under the new standard, now's the time to coach or reevaluate roles.
Plan for accommodations: If you employ drivers with hearing impairments or waivers, work with legal counsel and document that these drivers meet FMCSA exemption standards. Educate your team on how to handle these edge cases at scale.
Invest in training tools: Use systems like Babbel, Duolingo, Jumpspeak, Rosetta Stone, Luma Brighter Learning, Smith System, National Safety Council or in-house driver coaching to reinforce English proficiency, road terminology and situational safety.
Stay up to date: The redacted memo leaves room for evolving policies. Bookmark the FMCSA ELD & Safety page and monitor updates to ELP enforcement criteria.
FMCSA's revived ELP enforcement is aimed at safety, not punishment, but it risks casting too wide a net. There's little doubt that drivers must understand signs and follow instructions on U.S. highways. But when policy lacks clarity, fairness becomes a moving target.
For fleets, the mandate is clear: Validate English ability at the point of hire, support it through training, and protect compliant drivers, especially those operating under federally approved waivers. If 'speak English or park it' becomes the standard, we'd better know exactly what that means and who gets caught in the middle, because you can't learn English overnight at the roadside.
The post 'You're Out': FMCSA Cracks Down on English Proficiency Rules for CDL Drivers appeared first on FreightWaves.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
14 minutes ago
Trump's tariffs could pay for his tax cuts -- but it likely wouldn't be much of a bargain
WASHINGTON -- WASHINGTON (AP) — The tax cuts in President Donald Trump's One Big Beautiful Bill Act would likely gouge a hole in the federal budget. The president has a patch handy, though: his sweeping import taxes — tariffs. The Congressional Budget Office, the government's nonpartisan arbiter of tax and spending matters, says the One Big Beautiful Bill, passed by the House last month and now under consideration in the Senate, would increase federal budget deficits by $2.4 trillion over the next decade. That is because its tax cuts would drain the government's coffers faster than its spending cuts would save money. By bringing in revenue for the Treasury, on the other hand, the tariffs that Trump announced through May 13 — including his so-called reciprocal levies of up to 50% on countries with which the United States has a trade deficit — would offset the budget impact of the tax-cut bill and reduce deficits over the next decade by $2.5 trillion. So it's basically a wash. That's the budget math anyway. The real answer is more complicated. Actually using tariffs to finance a big chunk of the federal government would be a painful and perilous undertaking, budget wonks say. 'It's a very dangerous way to try to raise revenue,' said Kent Smetters of the University of Pennsylvania's Penn Wharton Budget Model, who served in President George W. Bush's Treasury Department. Trump has long advocated tariffs as an economic elixir. He says they can protect American industries, bring factories back to the United States, give him leverage to win concessions over foreign governments — and raise a lot of money. He's even suggested that they could replace the federal income tax, which now brings in about half of federal revenue. 'It's possible we'll do a complete tax cut,'' he told reporters in April. 'I think the tariffs will be enough to cut all of the income tax.'' Economists and budget analysts do not share the president's enthusiasm for using tariffs to finance the government or to replace other taxes. 'It's a really bad trade,'' said Erica York, the Tax Foundation's vice president of federal tax policy. 'It's perhaps the dumbest tax reform you could design.'' For one thing, Trump's tariffs are an unstable source of revenue. He bypassed Congress and imposed his biggest import tax hikes through executive orders. That means a future president could simply reverse them. 'Or political whims in Congress could change, and they could decide, 'Hey, we're going revoke this authority because we don't think it's a good thing that the president can just unilaterally impose a $2 trillion tax hike,' '' York said. Or the courts could kill his tariffs before Congress or future presidents do. A federal court in New York has already struck down the centerpiece of his tariff program — the reciprocal and other levies he announced on what he called 'Liberation Day'' April 2 — saying he'd overstepped his authority. An appeals court has allowed the government to keep collecting the levies while the legal challenge winds its way through the court system. Economists also say that tariffs damage the economy. They are a tax on foreign products, paid by importers in the United States and usually passed along to their customers via higher prices. They raise costs for U.S. manufacturers that rely on imported raw materials, components and equipment, making them less competitive than foreign rivals that don't have to pay Trump's tariffs. Tariffs also invite retaliatory taxes on U.S. exports by foreign countries. Indeed, the European Union this week threatened 'countermeasures'' against Trump's unexpected move to raise his tariff on foreign steel and aluminum to 50%. 'You're not just getting the effect of a tax on the U.S. economy,' York said. 'You're also getting the effect of foreign taxes on U.S. exports.'' She said the tariffs will basically wipe out all economic benefits from the One Big Beautiful Bill's tax cuts. Smetters at the Penn Wharton Budget Model said that tariffs also isolate the United States and discourage foreigners from investing in its economy. Foreigners see U.S. Treasurys as a super-safe investment and now own about 30% of the federal government's debt. If they cut back, the federal government would have to pay higher interest rates on Treasury debt to attract a smaller number of potential investors domestically. Higher borrowing costs and reduced investment would wallop the economy, making tariffs the most economically destructive tax available, Smetters said — more than twice as costly in reduced economic growth and wages as what he sees as the next-most damaging: the tax on corporate earnings. Tariffs also hit the poor hardest. They end up being a tax on consumers, and the poor spend more of their income than wealthier people do. Even without the tariffs, the One Big Beautiful Bill slams the poorest because it makes deep cuts to federal food programs and to Medicaid, which provides health care to low-income Americans. After the bill's tax and spending cuts, an analysis by the Penn Wharton Budget Model found, the poorest fifth of American households earning less than $17,000 a year would see their incomes drop by $820 next year. The richest 0.1% earning more than $4.3 million a year would come out ahead by $390,070 in 2026. 'If you layer a regressive tax increase like tariffs on top of that, you make a lot of low- and middle-income households substantially worse off,'' said the Tax Foundation's York. Overall, she said, tariffs are 'a very unreliable source of revenue for the legal reasons, the political reasons as well as the economic reasons. They're a very, very inefficient way to raise revenue. If you raise a dollar of a revenue with tariffs, that's going to cause a lot more economic harm than raising revenue any other way.''
Yahoo
30 minutes ago
- Yahoo
Two private schools close in wake of Labour's VAT raid
Two prep schools have become the latest victims of Labour's VAT raid by announcing their closures as a result of the levy. Park Hill School in Kingston, Surrey, said the introduction of the 20pc tax on fees in January had led to a decline in pupil numbers meaning it was no longer financially viable to operate. Falcons School, a neighbouring school in Putney, south-west London, said a raft of tax changes including the VAT levy and increases to National Insurance alongside a higher minimum wage had 'intensified' a decline in pupil enrolment forcing it to close at the end of the academic year. It comes after figures this week revealed private school pupil numbers had fallen by more than 11,000 in England following the VAT raid on fees – four times more than government forecasts. There were around 582,500 pupils at English private schools in January compared to 593,500 at the same point last year, according to the Department for Education. Parents at Park Hill were told this week the 75-year-old school would be forced to close with children offered the opportunity to move to a nearby sister school. The decision came as a shock to many, with the school's website this week still advertising a recent open day for prospective pupils. The school had also written to parents in March to thank them for 'continued loyalty and support' in spite of the introduction of VAT and offered a 5pc discount to families who paid the following year's school fees early. However, on Wednesday, in a letter seen by The Telegraph, Amit Mehta, chief executive of Inspired Learning Group, which owns the school, said: 'Following careful reflection, we have made the strategic decision to relocate pupils from Park Hill to join our sister school, Westbury House, from January 2026. 'We are incredibly proud of everything Park Hill has achieved over the years. However, like many schools, it also faces challenges, and this evolution offers fresh opportunities for all our pupils.' Park Hill, which has 84 pupils aged between two and 11, will transition into a fully-fledged nursery which is exempt from VAT. Justin Spanswick, chief operating officer at Inspired Learning Group, said: 'The decision was made because of the downward trend in pupil numbers at Park Hill, due in part to the introduction of VAT on school fees.' He added the decision would also strengthen Westbury House 'in the current climate', with pupils moving to the school helping to shield it from the Government's tax rises. Falcons School decided to absorb the 20pc VAT levy in January and kept fees frozen at £6,270 per term in a bid to arrest a decline in pupil numbers. In March the school told the families of its 126 pupils that it was 'considering the future viability' of the school and that it was 'likely to close'. The school was taken over by Inspired Education Group in 2023 and made the decision to admit boys for the first time in an attempt to increase pupil numbers. A spokesman for the school said: 'As a result of the thorough consultation process, we have taken the difficult decision to close the school at the end of the academic year. 'The consultation took place as the school has been loss-making since we acquired it, with enrolment under 50pc over the last two years. THis has been intensified by the recent government changes such as VAT.' Ministers have admitted the Government expects 100 private schools to close as a result of its VAT raid. Analysis by the Independent Schools Council suggests this will lead to 40,000 pupils being displaced and 11,000 jobs being lost.
Business Upturn
an hour ago
- Business Upturn
Goldstein Patent Law Publishes Insights on How to Patent an Idea
New York, NY, June 07, 2025 (GLOBE NEWSWIRE) — Goldstein Patent Law, a national leader in patent law, is happy to announce it has recently published a new article on How to patent an idea. Leveraging the expertise and nearly 30 years of experience from the founder of the law firm and principal patent attorney Rich Goldstein, the new insights answer the question, 'Can a concept be patented?' and help to demystify IP rights, how to secure patent protection and how intellectual property attorneys can help navigate the process. With intellectual property (IP) as the only focus, Goldstein Patent Law has helped create over 2,000 patents, including products that have been sold in major national retailers such as Amazon, Target, and Urban Outfitters. From 10,000 patent attorneys in the US, Rich Goldstein was asked by The American Bar Association (ABA) to write The ABA Consumer Guide to Obtaining a Patent. The distinguished attorney employs the same client-focused approach and use of plain English in the new article to provide a comprehensive resource for entrepreneurs and innovators interested in patenting their ideas. 'At Goldstein Patent Law, we're on a mission to connect, protect, and educate. We exist to help you protect your valuable idea with a custom legal strategy,' said Mr. Goldstein. 'Unlike many other law firms, we bring more than 40 years of business acumen. We understand the entrepreneurial landscape and how your patent may fit into it.' A patent offers individuals a competitive advantage to help secure their market position. By obtaining a patent, they can legally prevent others from making, using, or selling an invention without permission. Additionally, by protecting their intellectual property, creators can increase the value of their business and potentially attract investors, partners, or buyers. Some of the core points highlighted in Goldstein Patent Law's new article on how to patent an idea include: 'How Can the Patent Law Protect a Concept?' From detailing the four categories that help to determine if an idea is patentable (machine, manufacture, composition of matter, and process) to explaining how to distinguish prior art or distinctiveness, Goldstein Patent Law shows how an individual can work out if their idea meets the criteria for a patent. 'How Can I Protect My Idea in the Patent Process?' The patent system aims to provide patent protection for novel, non-obvious, and useful inventions. The law firm's article outlines the 8 steps creators should take in the patent process to protect their ideas. These are: Transform Concepts into Inventions Conduct a Preliminary Patent Search Connect With a Patent Law Professional Craft a Compelling Patent Application Create a Prototype and Test Your Invention Set a Dialogue With the Patent Office Strengthen Your Patent Application Using Office Actions Manage Patent Litigation 'How Can I Maximize the Value of a Patented Invention?' Effective patent protection provides a competitive advantage that can drive business growth and success through strategic diversification of existing patents. By maximizing a patent's value through Patent Rights Enforcement, Licensing, and Commercialization, as well as International Patent Protection and Continuous Innovation Intellectual Property Portfolio Management, individuals can establish a strong foundation for innovation and expansion. 'Our firm was built with your needs in mind. We exist to help you multiply the value of your ideas. We do this through a simplified process, experienced guidance, boutique-style service, and a simple flat-fee pricing structure. From software patents to product trademarks, we have the experience to protect your valuable ideas,' added Mr. Goldstein. The law firm encourages individuals interested in reading the full article to visit the Goldstein Patent Law website, where they can also book a free strategy call today to find the best path to protect their valuable idea. About Goldstein Patent Law With nearly 30 years of experience and a renowned national reputation as a leader in patent law, Goldstein Patent Law offers a premier, boutique-style approach to serving clients. Led by founder and principal patent attorney Rich Goldstein, the law firm helps creators and innovators protect their valuable ideas with customized legal strategies tailored to their unique business goals. More Information To learn more about Goldstein Patent Law and its new article on How to patent an idea, please visit the website at Disclaimer: The above press release comes to you under an arrangement with GlobeNewswire. Business Upturn takes no editorial responsibility for the same.
