English Proficiency Testing: A Quick Guide for Motor Carrier Compliance

An executive order that took effect June 25, 2025, once again made an inability to speak and read English an out-of-service (OOS) violation. While drivers are required to meet the requirements of the regulation, carriers must identify existing drivers in their fleets and potential new hires who may not possess these skills and act on them.

Carriers who do not vet their drivers could face Compliance, Safety, Accountability (CSA) challenges and liability in the event of a crash. Most OOS violations can be resolved quickly, but learning a new language can be a lengthy process. The driver will not be permitted to drive again until skills have improved to meet the minimum standards. The importance of English Language Proficiency (ELP) compliance cannot be overstated—since enhanced enforcement began, over 7,248 drivers have been placed out of service for failing to meet the ELP standard, highlighting the critical need for carriers to proactively address this requirement.

Understanding the English Proficiency Requirement

The Federal Motor Carrier Safety Administration (FMCSA) requires that commercial motor vehicle (CMV) drivers be able to read and speak the English language sufficiently to:

The English Language Proficiency (ELP) standard is not optional—it's a fundamental safety requirement that ensures drivers can effectively communicate, understand traffic signs, and respond to emergencies. Compliance with ELP standards protects not only drivers but also the general public, making it a critical component of motor carrier safety programs.

• Converse with the general public
• Understand highway traffic signs and signals in the English language
• Respond to official inquiries
• Make entries on reports and records

What Changed on June 25, 2025?

The executive order reinstated stricter enforcement of the English proficiency requirement that had been part of the Federal Motor Carrier Safety Regulations (FMCSR) for decades. Key changes include:

• Enhanced enforcement during roadside inspections and compliance reviews
• Drivers who cannot demonstrate English proficiency may be placed out of service immediately
• Carriers are now held more accountable for ensuring their drivers meet these requirements
• Increased focus on verifying English skills during driver qualification file (DQ file) audits

Why This Matters for Motor Carriers

For motor carriers, the implications are significant and the enforcement is real. With over 7,248 drivers already placed out of service for ELP violations, the importance of proactive compliance cannot be ignored. The consequences extend far beyond individual drivers:

• CSA Impact: Violations related to driver qualification can negatively impact your CSA scores, affecting your safety rating and ability to secure contracts. ELP violations are being actively enforced and tracked.
• Liability Concerns: In the event of an accident, if a driver's lack of English proficiency contributed to the incident, carriers may face increased liability. Courts are increasingly holding carriers accountable for ensuring ELP compliance.
• Operational Disruption: Drivers placed out of service cannot operate until they meet the requirements, potentially disrupting your fleet operations. The 7,248+ drivers already removed from service demonstrate the real-world impact of non-compliance.
• Compliance Costs: Failing to properly vet drivers can result in fines, penalties, and the cost of replacing drivers who are placed out of service. The financial impact of losing drivers to ELP violations can be substantial.
• Safety Priority: ELP compliance is fundamentally about safety—ensuring drivers can read road signs, communicate with law enforcement, and respond appropriately in emergency situations. This is why the USDOT and Secretary Duffy have made it a top enforcement priority.

How to Assess English Proficiency

For New Hires

When hiring new drivers, carriers should:

• Conduct interviews in English to assess speaking ability
• Request drivers read and explain common traffic signs and signals
• Have drivers complete sample logbook entries or reports in English
• Document the assessment in the driver's qualification file

For Existing Drivers

For your current fleet:

• Review driver qualification files to identify any gaps in documentation
• Conduct periodic assessments during driver meetings or safety reviews
• Provide training and support for drivers who need to improve their English skills
• Work with drivers to develop improvement plans if deficiencies are identified

Best Practices for Compliance

Documentation

Maintain proper documentation in each driver's qualification file:

• Record of English proficiency assessment during hiring
• Notes from interviews or evaluations demonstrating English skills
• Any training records related to English language improvement
• Documentation of any remedial actions taken

Training and Support

If you identify drivers who need to improve their English skills:

• Provide access to English language training resources
• Consider partnering with local educational institutions or online learning platforms
• Set clear timelines and expectations for improvement
• Regularly reassess progress toward meeting the requirements

Sky Transport Solutions is developing a comprehensive proficiency test and English course specifically designed for the trucking community to help drivers meet compliance requirements and improve their skills.

Ongoing Monitoring

Establish processes to ensure continued compliance:

• Include English proficiency checks in your regular driver qualification file audits
• Train safety managers and dispatchers to recognize potential issues
• Address concerns proactively before they result in violations
• Stay informed about regulatory updates and enforcement trends

Risks of Non-Compliance

Failing to properly address English proficiency requirements can result in severe consequences. The statistic of 7,248 drivers placed out of service for ELP violations serves as a stark reminder of the real-world enforcement happening across the industry. The risks include:

• Out-of-Service Orders: Drivers may be immediately placed out of service during roadside inspections if they cannot demonstrate English proficiency. This is not a theoretical risk—thousands of drivers have already experienced this consequence.
• CSA Violations: Driver qualification violations can significantly impact your CSA scores, with ELP violations being actively tracked and reported in the Safety Measurement System.
• Fines and Penalties: Carriers may face monetary penalties for violations, and the cost of non-compliance extends beyond fines to include lost productivity and driver replacement costs.
• Increased Liability: In accident cases, lack of English proficiency may be cited as a contributing factor, potentially exposing carriers to significant legal and financial exposure.
• Operational Disruption: Losing drivers to out-of-service orders can disrupt your operations and require finding replacements. With over 7,000 drivers already removed from service, this represents a substantial operational challenge for affected carriers.
• Reputation Damage: Poor CSA scores and compliance issues can affect your ability to secure contracts and insurance. ELP compliance is now a key indicator of a carrier's commitment to safety and regulatory adherence.
• Regulatory Scrutiny: As highlighted by Secretary Duffy and the USDOT, ELP enforcement is a top priority for making America's roads safer. Carriers who fail to comply will face increased regulatory attention and enforcement actions.

Action Checklist for Motor Carriers

Use this checklist to ensure your fleet is compliant:

• Review Current Fleet:
  • Audit all driver qualification files
  • Identify drivers who may need assessment or support
  • Document any gaps in current documentation
• Establish Assessment Process:
  • Develop standardized assessment procedures for new hires
  • Create documentation templates for assessment results
  • Train hiring managers and safety personnel on proper assessment techniques
• Implement Training Programs:
  • Identify drivers who need English language support
  • Provide access to training resources
  • Set clear improvement timelines and expectations
• Update Policies and Procedures:
  • Revise driver qualification file requirements
  • Update hiring procedures to include English proficiency assessment
  • Establish ongoing monitoring processes
• Monitor and Maintain:
  • Conduct regular audits of driver qualification files
  • Address any issues proactively
  • Stay current with regulatory changes and enforcement trends

Frequently Asked Questions (FAQ)

Q1: What level of English proficiency is required?

Drivers must be able to read and speak English sufficiently to converse with the general public, understand highway traffic signs and signals, respond to official inquiries, and make entries on reports and records. There is no specific test or certification required, but drivers must be able to demonstrate these abilities when asked.

Q2: Can drivers use translation services or apps?

While translation tools may be helpful for learning, drivers must be able to demonstrate actual English proficiency. Relying solely on translation apps during roadside inspections or official interactions is not sufficient to meet the requirement.

Q3: What happens if a driver is placed out of service?

If a driver is placed out of service for lack of English proficiency, they cannot operate a commercial motor vehicle until they can demonstrate that they meet the requirements. This may require completing English language training and reassessment.

Q4: How long does it take to improve English skills?

The time required varies significantly depending on the individual's current level and learning ability. Unlike other OOS violations that can be resolved quickly, improving language skills is a longer-term process that may take weeks or months.

Conclusion

The reinstated enforcement of English proficiency requirements presents both challenges and opportunities for motor carriers. The English Language Proficiency (ELP) standard is not just a regulatory requirement—it's a critical safety measure that protects drivers, carriers, and the public. The fact that over 7,248 drivers have already been placed out of service for ELP violations demonstrates that this is not a theoretical concern but a real and immediate enforcement priority.

By taking proactive steps to assess, document, and support your drivers, you can ensure compliance while maintaining a safe and efficient operation. The key is to identify issues early, provide appropriate support, and maintain thorough documentation of your compliance efforts. ELP compliance should be treated with the same seriousness as other critical safety requirements, as emphasized by Secretary Duffy and the USDOT's commitment to making America's roads safer.

Remember: Most out-of-service violations can be resolved quickly, but language learning takes time. The sooner you identify and address English proficiency issues in your fleet, the better positioned you'll be to avoid operational disruptions and compliance challenges. Don't wait until your drivers are among the thousands already placed out of service—take action now to ensure your fleet meets ELP standards.