FMCSA ordered to place noncompliant drivers out of service and audit non-domiciled CDL records
President Trump has instructed the U.S. Department of Transportation (DOT) to reinstate federal enforcement of English-language proficiency requirements for commercial truck drivers — a move that could lead to significant operational changes across the trucking industry.
As a result of Trump’s April 28 executive order, titled Enforcing Commonsense Rules of the Road for America’s Truck Drivers, any driver who cannot meet the English-language proficiency in reading, writing and speaking must be placed out of service.
Background
Under longstanding federal regulations issued by the Federal Motor Carrier Safety Administration (FMCSA), commercial vehicle drivers must be qualified to drive a commercial motor vehicle. Among other qualifications, drivers must be able to “read and speak the English language sufficiently to converse with the general public, to understand highway traffic signs and signals in the English language, to respond to official inquiries, and to make entries on reports and records.” 49 C.F.R. 391.11(b)(1).
In June 2016, DOT issued guidance to the FMCSA to remove the requirement to place commercial drivers out of service for English Language Proficiency (ELP) violations. This guidance said drivers who could communicate sufficiently with use of tools such as interpreters, I-Speak cards, cue cards and smart phone applications were not in violation of the ELP requirement. Further, deaf and hard of hearing drivers were likewise not in violation if they obtained a hearing standard exemption and could sufficiently read and write English.
This new EO expressly directs the DOT Secretary to revoke the 2016 guidance within 60 days, and to issue new guidance to the FMCSA outlining revised inspection procedures in compliance with the ELP requirement. The new guidance must include that a violation of ELP requirements must result in a driver being placed out of service.
Key Provisions
- Mandatory Enforcement of ELP Rules:
Within 60 days, DOT must replace a 2016 guidance memo to the FMCSA with new procedures for inspecting and verifying English proficiency during inspections.
- Out-of-Service Designation for Noncompliance:
The new inspection criteria must include that a violation of ELP requirements results in the driver being placed out of service.
- Scrutiny of Non-Domiciled CDLs:
DOT, through FMCSA, must review non-domiciled CDLs to identify unusual patterns and irregularities, and improve verification protocols for both domestic and international commercial licenses.
- Working Conditions Review:
DOT is also tasked with identifying regulatory or enforcement actions to improve truckers’ working conditions — though specifics remain undefined.
What This Means for Trucking Companies
This order will likely lead to a shift in how trucking companies recruit, hire, train and manage commercial drivers. Potential implications include:
- Hiring Practices May Tighten:
Companies may need to revise hiring processes to ensure ELP requirements are met for prospective hires.
- Increased Roadside Enforcement Risks:
Expect more inspections focused on language ability, with a higher risk of drivers being sidelined mid-route.
- Operational Disruptions:
Multilingual fleets that rely on non-native English speakers may face route delays or delivery interruptions if drivers are pulled from service unexpectedly.
- New Training and Compliance Protocols:
Companies may want to offer refresher language training or conduct internal assessments to minimize exposure to violations.
- Licensing Audits Likely to Expand:
FMCSA reviews of non-domiciled driver credentials could lead to new documentation requirements or challenges for foreign-based operators.
Interplay with Other Federal Employment Laws
Despite this EO, other federal statutes remain in place that impact the lengths to which employers of commercial drivers can go in connection with English language proficiency.
Under Title VII of the Civil Rights Act of 1964, employers cannot discriminate in employment-related decisions (including recruiting, hiring, promotion and termination) on the basis of national origin, which has been interpreted to include accent and language differences.
The U.S. Equal Employment Opportunity Commission (EEOC) has long scrutinized “English Only” policies and practices, in which an employer requires employees to communicate in English at all times in the workplace and/or while working. Although trucking companies should ensure drivers are in compliance with the FMCSA’s ELP requirements, employers should take caution not to expand toward “English Only” requirements for their workforces, such as prohibiting non-English communications between employees, in breaks rooms, etc.
Additionally, many state laws require employers to provide written communications to employees in other languages.
Under the Americans with Disabilities Act (ADA), drivers who are deaf or hard of hearing, and who are otherwise qualified to drive commercially, may be entitled to a reasonable accommodation for their hearing-related disability. Trucking companies should review the new DOT guidance for how the ELP requirements and new inspection criteria may impact these potential and current drivers and what types of accommodations may be prohibited. EEOC has filed numerous lawsuits on behalf of deaf drivers in recent years, and it remains unclear how this new EO may impact EEOC’s ongoing enforcement in that area.
Next Steps
Trucking companies should begin reviewing their current compliance practices, driver training materials and hiring standards.
If your fleet includes drivers for whom English is not their first language, proactive measures now could help avoid disruption later. Employers may also want to proactively develop coverage options to ensure that transported goods will reach their destination timely if a driver is unexpectedly placed out of service, particularly for perishable or time-sensitive goods.
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