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TN Truck Thought Podcast Episode 31

posted by TrueNorth Transportation on Thursday, June 19, 2025

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English Language Proficiency Enforcement: Your Questions Answered

What is changing?

The executive order mandates that FMCSA:

• Rescind previous enforcement guidance on 391.11(b)(2). 
• Work with CVSA to add ELP violations to the CVSA Out-of-Service Criteria. 
• Issue new guidance on how to assess compliance. 

CVSA acted swiftly, updating its OOS Criteria and inspection procedures. As of June 25, drivers who cannot demonstrate English proficiency under the regulation and as assessed per the FMCSA enforcement guidance will be placed out of service with no exceptions, except for those operating in designated commercial zones along the southern border. 

The two-part test

FMCSA’s new guidance outlines a two-step roadside assessment: 

1. Driver interview – Inspectors will ask standard questions relating to the inspection process and the driver’s job duties (e.g., “Where are you headed?” or “What are you hauling?”). The goal is to assess comprehension and communication, rather than grammar perfection. If the driver fails the driver interview in step one, they will be placed out of service.  If the driver passes step one, the inspector will move on to step two.  
2. Sign recognition – Drivers must identify, comprehend, and explain standard highway signs. This includes both textual and pictogram-based signs. 

Legal and operational concerns

Chris Eckhart highlighted the legal tightrope carriers must walk. Overcorrecting with excessively strict internal assessments could trigger civil rights complaints. Yet, doing nothing risks noncompliance. 

Key takeaways:

• Document everything: If a driver is placed out- of- service, record the violation details and your remediation steps. 
• Uniform application: Apply any internal assessments consistently across all drivers to avoid discrimination claims. 
• Training: Use onboarding and LMS tools to prepare drivers for real-world inspections. 

What should carriers do now?

Bert Mayo emphasized the need for proactive planning. Here’s a practical roadmap: 

1. Develop an onboarding ELP assessment: Include basic Q&A and sign recognition. 
2. Train your team: Confirm safety personnel understand the standard and how to document compliance. 
3. Prepare for audits: Keep records of training and remediation efforts to show due diligence. 

CVSA'S role and industry collaboration

Adrienne Gildea reassured listeners that CVSA is committed to consistent enforcement. All inspectors will be trained using updated procedures, and CVSA has asked that  FMCSA release unredacted guidance to help carriers prepare and provide clarity on what compliance will look like. 

She also encouraged ongoing dialogue: “Engage with your state partners, CVSA, and FMCSA. We’re all in this together.” 

Will this impact safety scores? 

Yes. ELP violations fall under the Driver Fitness BASIC in CSA. With limited data in this category, even a few violations can significantly impact a carrier’s score, potentially affecting insurance rates and shipper relationships. 

Final thoughts

This isn’t just a change in enforcement; it’s an operational shift. While the intent is to ensure safety and effective communication with enforcement on the road, the rollout raises valid questions about fairness, subjectivity, inconsistent enforcement and implementation. As the June 25 deadline is upon us, carriers must act decisively. Train, document and communicate.

TN Truck Thought

The TN Truck Thought podcast keeps transportation leaders of today and tomorrow in the know on the hottest industry trends. Our specialists get to the bottom of challenging, and sometimes controversial, transportation topics to offer insight and predictions.

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