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Yahoo
21-05-2025
- Automotive
- Yahoo
‘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 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.
Yahoo
02-05-2025
- Automotive
- Yahoo
CVSA votes to put truck drivers with limited English out of service
The Commercial Vehicle Safety Alliance board of directors voted on Thursday to make English proficiency violations grounds for truck drivers to be placed out of service, a decision that could significantly reduce trucking capacity. The vote, held under an emergency provision in CVSA's bylaws, came just days after President Donald Trump issued an executive order directing that the federal out-of-service criteria be revised to reflect the policy change, reversing a less stringent policy that has been in place for 10 years. Under the Obama Administration in 2016, the Federal Motor Carrier Safety Administration removed the requirement to place truck drivers out of service for violating federal English Language Proficiency rules. The new out-of-service rule becomes effective June 25. 'By adding English language proficiency to the out-of-service criteria, a commercial motor vehicle inspector may place a driver out of service if they cannot demonstrate proficiency in reading and speaking English,' CVSA stated in a press release. 'The [FMCSA] will issue guidance for commercial motor vehicle inspectors to ensure enforcement of the English language proficiency standard is applied consistently.' While FMCSA sets the safety rules for the trucking industry, CVSA, whose members include state highway patrol officers, has been given the authority, in most cases, to determine whether violating those regulations is serious enough to warrant placing a driver out of service. Insurance experts specializing in the trucking sector have estimated that 10% of the total driver population lacks proficiency in English. With over 3 million interstate CDL drivers in the country, according to FMCSA's most recent statistics, the out-of-service mandate could lead to a significant drop in capacity in the market. CVSA explained that its emergency provision bylaws allow the board 'to vote on a change to the out-of-service criteria without a vote by Class I Members, which is the usual process for changes to the criteria. The board utilized the emergency bylaw provision to meet the president's 60-day deadline, as noted in his executive order.' CVSA stated it will petition FMCSA to update the English language proficiency regulation – [49 CFR 391.11(b)(2)] – to formally identify violations as an out-of-service condition. 'CVSA will also send a petition to FMCSA requesting that the agency harmonize the commercial driver's license English language requirements in 49 CFR Part 383, 'Commercial Driver's License Standards,' with those in 49 CFR Part 391, 'Qualifications of Drivers and Longer Combination Vehicle Driver Instructors,' so that the standards are consistent.' Trump's Executive Order For Trucking Revives a Rule Nearly 90 Years Old Trucking leaders applaud Trump executive order requiring truckers speak English FMCSA exempts deaf drivers despite CVTA objections Click for more FreightWaves articles by John Gallagher. The post CVSA votes to put truck drivers with limited English out of service appeared first on FreightWaves.
Yahoo
29-04-2025
- Automotive
- Yahoo
Trump executive order reinforces English-speaking rule for US truck drivers
The Brief President Trump signed an executive order Monday requiring federal authorities to enforce existing English proficiency rules for commercial truck drivers. The order highlights concerns that communication problems between drivers and officials pose a public safety risk. It directs the Department of Transportation to rescind previous guidance that softened enforcement and to issue stricter inspection procedures. WASHINGTON - President Donald Trump signed a new executive order Monday reinforcing a longstanding federal law that requires commercial truck drivers in the United States to be proficient in English. The move comes as part of broader efforts by Trump's administration to bolster safety on American roadways and emphasize the importance of English proficiency for public communication and regulatory compliance. The backstory The federal rule requiring truck drivers to read and speak English has been in place since 1970, under 49 CFR § 391.11(b)(2). It mandates that commercial drivers must be able to understand traffic signs, respond to officials, and fill out reports in English. However, a 2016 Obama-era guidance weakened enforcement by telling inspectors to use discretion in evaluating English proficiency. Critics said this made it harder to address safety concerns when language barriers arose. President Trump's new executive order directs the Department of Transportation to rescind the 2016 guidance and requires drivers who cannot meet the English standard to be placed "out-of-service." It also builds on Trump's March 2025 move to designate English as the official U.S. language under Executive Order 14224. What they're saying In the executive order, Trump said federal regulators have not adequately enforced the English proficiency requirement for years, contributing to communication issues between truck drivers and officials at weigh stations, border checkpoints, and traffic stops. "My Administration will enforce the law to protect the safety of American truckers, drivers, passengers, and others," the order states. White House press secretary Karoline Leavitt expanded on the reasoning during a briefing Monday, saying that communication problems pose a "public safety risk" that must be addressed. The executive order also calls for a review of how states issue commercial driver's licenses (CDLs) to non-domiciled drivers, looking for unusual patterns or irregularities. Big picture view Although the requirement for English proficiency has been federal law for decades, enforcement standards have varied. Trump's order signals a renewed emphasis on strict compliance at a time when his administration is also taking broader steps to address issues around border security, driver credentialing, and transportation safety. The Department of Transportation and the Federal Motor Carrier Safety Administration (FMCSA) are now tasked with issuing new guidance within 60 days to implement the changes. The Source This article is based on President Trump's executive order dated April 28, 2025, the Federal Motor Carrier Safety Regulations (49 CFR § 391.11(b)(2)), White House remarks, and additional reporting from Fox News and The Associated Press. This story was reported from Los Angeles.
Yahoo
28-04-2025
- Automotive
- Yahoo
Trump's Executive Order For Trucking Revives a Rule Nearly 90 Years Old
In 2025, the national conversation around English proficiency and trucking safety resurfaced with new intensity. Two executive orders, signed by President Donald Trump, renewed emphasis on English language requirements, both at a cultural level and at the level of commercial motor vehicle operations. On March 1, an executive order formally designated English as the official language of the United States. It revoked Executive Order 13166, which had promoted multilingual government services since the Clinton administration. On April 28, a second executive order targeted the commercial trucking sector. It directed the Department of Transportation to reinstate stronger enforcement of existing federal regulations requiring truck drivers to read, speak and communicate effectively in English. The order authorized federal and state roadside inspectors to once again place drivers out of service if they are unable to meet the English proficiency standards. Although the executive actions have generated considerable attention, the core requirement for English proficiency among truck drivers has been law for nearly 90 years. The requirement for English proficiency in commercial motor vehicle operations dates back to July 1937, when the Federal Motor Carrier Safety Regulations (FMCSRs) were established. Under 49 CFR §391.11(b)(2), drivers must be able to 'read and speak the English language sufficiently to converse with the general public, understand highway traffic signs and signals, respond to official inquiries, and make entries on reports and records.' For decades, roadside inspectors have cited drivers for violating this rule, with the authority to place noncompliant drivers out of service. By 2014, English proficiency violations were a routine part of commercial enforcement activities across the United States. That year alone, inspectors issued more than 101,000 English proficiency violations. Over 4,000 drivers were placed out of service for failing to meet the standard. In 2014, during the Obama administration, the Commercial Vehicle Safety Alliance (CVSA) partnered with the Federal Motor Carrier Safety Administration to reclassify the enforcement of the English proficiency rule. While the regulation itself remained intact, inspectors were instructed not to place drivers out of service solely for English language deficiencies. Drivers could still be cited, but they were allowed to continue operating their vehicles. After the memo took effect, English proficiency violations dropped sharply, with enforcement data showing only 7,800 to 10,000 citations issued annually between 2017 and 2024. No drivers were automatically placed out of service during that period for English violations. This shift effectively weakened the practical enforcement of a rule that remained formally required under federal law. The first of the two 2025 executive orders emphasized English as a cultural and governmental standard, encouraging unity, civic engagement and consistency across federal agencies. The second specifically returned focus to trucking safety and operational communication. It instructed the DOT to update roadside enforcement policies, allowing drivers to once again be placed out of service if they cannot communicate adequately in English. Transportation Secretary Sean Duffy has been tasked with overseeing the update to inspection protocols and ensuring compliance with the revised enforcement approach. The White House framed both orders as efforts to promote road safety, operational efficiency and shared civic values. Supporters of the executive orders argue that the ability to read and understand road signs, respond to safety officials and navigate emergencies in English is fundamental to public safety. Groups like the Owner-Operator Independent Drivers Association have voiced strong support, citing the need for clear communication among drivers, enforcement personnel and the motoring public. Advocates further note that language barriers can contribute to delays during inspections, misunderstandings in critical situations and difficulties in post-crash investigations. Critics, however, caution that while English proficiency is important, it does not address the more urgent safety challenges facing modern trucking. Some argue that the executive orders focus regulatory attention on a requirement that has long existed rather than addressing gaps that continue to impact crash rates and fleet safety outcomes. Among the critical issues cited by safety advocates: Continuous license monitoring is not universally mandated across fleets, leaving gaps in notification of suspended or revoked commercial licenses. Thirteen states, including Arkansas, still allow beginner teen drivers to obtain a driver's license without completing behind-the-wheel training hours. A few years later, they're getting a commercial drivers license. Distracted driving remains a growing threat, with federal regulations lagging behind advances in mobile technology. Drug and alcohol testing, while federally required, still faces compliance challenges and inconsistencies in enforcement. Hair follicle testing is a great example. Industry experts also raise concerns about the subjectivity of roadside enforcement. Determining sufficient English proficiency can be highly discretionary, potentially leading to inconsistent or inequitable outcomes across different jurisdictions. Recent high-profile crashes highlight the complexity of highway safety challenges that extend beyond language proficiency. In Colorado, a crash involving commercial driver Ignacio Cruz-Mendoza resulted in multiple fatalities along U.S. Highway 285. Mendoza was alleged to have been operating without a valid commercial driver's license and had prior offenses on record. In that case, language was not the primary contributing factor. Licensing compliance, training adequacy and operational fitness were the deeper issues. Similar incidents across the country emphasize that failures in training, oversight and risk management, not language alone, remain primary contributors to preventable tragedies on the highway. There is no question that the ability to communicate clearly in English is essential for truck drivers operating on American roads. Reading signage, responding to official inquiries and managing emergencies safely depend on basic language proficiency. The emphasis on again enforcing a rule that has existed since 1937 has raised questions about regulatory priorities. While it is essential to reestablish clear enforcement guidelines, many in the industry argue that broader challenges, such as improved driver training, real-time compliance monitoring and enhanced sobriety initiatives, deserve equal, if not greater, attention. The commercial vehicle safety landscape requires solutions grounded in comprehensive preparation, risk control and operational excellence, regardless of language. Truck drivers move America's economy. The policies that govern them must be as practical, forward-thinking and evidence-based as the industry itself. The post Trump's Executive Order For Trucking Revives a Rule Nearly 90 Years Old appeared first on FreightWaves.