English Proficiency Requirement
Executive Order Issued April 29, 2025
This week President Trump has signed an Executive Order; Enforcing Commonsense Rules of the Road for America’s Truck Drivers. This order directs the Department of Transportation (USDOT) to reinstate stronger enforcement of existing federal regulations requiring commercial truck drivers to demonstrate English language proficiency. The directive authorizes federal and state roadside inspectors place drivers out of service if they cannot adequately meet these standards. The White House framed this move as an effort to enhance roadway safety, improve operational efficiency and reinforce shared civic expectations.
Regulatory History
The English proficiency requirement was originally introduced in 1937 under 49 CFR §391.11(b)(2); which states 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.” Enforcement of this regulation previously allowed inspectors to place drivers out of service for insufficient English skills, impacting over 4,000 drivers in 2014.
Later that year, however, the Commercial Vehicle Safety Alliance (CVSA), in coordination with FMCSA, issued new guidance instructing inspectors not to place drivers out of service solely based on language limitations. In 2016, FMCSA formally ended English proficiency interviews during roadside inspections. Compliance was permitted through the use of interpreting services, I-Speak cards, cue cards, and mobile apps.
A resurgence of the issue occurred last month when a video circulated showing a truck driver in Arkansas being required to read and write during a roadside inspection under Arkansas Act 604, signed into law on April 14. The state law mandates English proficiency and classifies improper documentation as a felony for foreign-domiciled drivers. Penalties range from a $500 fine for the first offense to $1,000 for repeat offenses.
Industry Response
Organizations like the Owner-Operator Independent Drivers Association (OOIDA) have expressed strong support for the reinstated enforcement. Citing the importance of clear communication between drivers, law enforcement, and the public, OOIDA emphasized the need to minimize misunderstandings that can delay inspections or complicate emergency situations.
OOIDA President Todd Spencer stated:
“Basic English skills are essential for reading critical road signs, understanding emergency instructions, and interacting with law enforcement. Road signs save lives—but only when they’re understood. That’s why OOIDA petitioned the Commercial Vehicle Safety Alliance earlier this year to reinstate English proficiency as an out-of-service violation.”
In contrast, some industry observers have expressed concern that the renewed focus on language proficiency distracts from more pressing safety issues. A recent FreightWaves article noted that while English fluency is relevant, it may not significantly address root causes of crashes or improve overall fleet safety.
Among ongoing concerns cited by safety advocates:
- Lack of mandatory continuous license monitoring across fleets.
- Thirteen states still permit new teen drivers to obtain licenses without behind-the-wheel training, potentially allowing inadequately trained individuals to pursue CDL licensure later.
- Distracted driving continues to rise, outpacing federal regulatory response.
- Drug and alcohol testing faces ongoing enforcement inconsistencies, particularly regarding the adoption of hair follicle testing.
CVSA Recommendations Under Review
The Commercial Vehicle Safety Alliance is considering three proposals, set to be reviewed by the Executive Committee this week:
- Reinstating out-of-service orders for drivers who cannot respond effectively to official inquiries in English.
- Petitioning FMCSA to revise §391.11(b)(2) to explicitly list English proficiency as an out-of-service condition.
- Requiring uniform English-language CDL testing nationwide. (Currently, some states offer the written CDL exam in alternate languages.)
What to Expect
Section 3 of the Executive Order directs the Secretary of Transportation, through the FMCSA Administrator, to rescind the 2016 guidance within 60 days and replace it with new instructions for enforcement. These updates are expected to address changes to roadside inspection procedures, violation penalties, and onboarding standards for motor carriers.
Driver Shortage Impact
According to the American Trucking Associations (ATA), the U.S. is facing a driver shortage of approximately 80,000 in 2025. That number is expected to reach 115,000 by year-end and 160,000 by 2030. To meet demand, the industry needs to add around 110,000 new drivers annually. Any new regulatory enforcement could further impact recruitment and retention, particularly among non-native English speakers.
Who Will Be Affected?
Drivers regulated by FMCSA are already subject to strict background checks, drug and alcohol testing, and physical exams. The reinstated enforcement could especially impact:
- International Drivers: Immigration advocacy groups like Boundless Immigration advise employers to review practices for H-2B or EB-3 visa holders and consider English-language training to support compliance.
- Drivers with Speech Disorders: Conditions like stuttering, aphasia, or dysarthria may interfere with roadside evaluations despite not affecting driving ability.
- Drivers with Learning Disabilities: Those with dyslexia, auditory processing disorders, or language-based challenges may be disproportionately affected.
- Drivers Using English as a Second Language: Nearly 68 million U.S. residents speak a language other than English at home, per the U.S. Census. A significant percentage of truck drivers fall into this demographic.
Why Now?
In the Executive Order, President Trump stated:
“Proficiency in English, which I designated as our official national language in Executive Order 14224 of March 1, 2025, should be a non-negotiable safety requirement for professional drivers. This is common sense.”
U.S. Transportation Secretary Sean P. Duffy added:
“A driver who cannot sufficiently read or speak English—and understand road signs—is unqualified to drive a commercial motor vehicle in America. This commonsense standard should have never been abandoned.”
How to Prepare
Motor carriers should proactively review their onboarding, training, and compliance programs, particularly for foreign-born or ESL drivers.
Down the Road
Stay informed on expected FMCSA guidance regarding inspection protocols and violation procedures. LTS will provide updates as more information becomes available.
How LTS can help
Lee Trans supports carriers through driver onboarding, file maintenance, compliance consulting, and more. We can help ensure your fleet is prepared for upcoming changes.
Contact [email protected] for more information.