English efficiency rules sideline 2,000 drivers per month

An American Trucking Associations executive said federal enforcement of the long-dormant English-language rule is now sidelining about 2,000 drivers per month for out-of-service violations.

The current enforcement environment reflects a return to a rule that dates back to 1937 but was unevenly enforced over the past decade. A 2016 Federal Motor Carrier Safety Administration guidance document was interpreted by many agencies to mean that drivers should not be excluded from service for English language deficiencies, resulting in minimal enforcement in the states.

“Basically between 2016 and last year, there were no out-of-service breaches for the English language,” said Brenna Lyles, ATA’s vice president of security policy. “This was not a consistently enforced violation across states and jurisdictions.”

This changed in June 2025, when roadside inspectors began excluding drivers from service if they were not proficient in English, following an executive order issued earlier that spring and subsequent action by the FMCSA.

In the months that followed, enforcement has settled into a steady pattern. Lyles said there have been some small procedural adjustments and an initial learning curve as states align their approaches, but there has been no significant increase or decrease in violations.

“At this point, we’re seeing fairly consistent application of the rule,” she said. “States needed some time to update procedures or receive guidance, but the implementation phase has largely passed.”

consistency concerns

Even though enforcement has stabilized, questions remain about how efficiency is determined and whether the process produces consistent results across the country.

The assessment involves a two-part test. First, an officer conducts an interview with the driver, and asks questions related to routine job duties. Second, the driver must correctly identify or interpret common road signs. While the signage portion is more objective, the interview component does not rely on a standardized scoring system, leaving room for interpretation by individual officers.

That subjectivity has become a central concern for some carriers and industry groups.

“We have carriers whose drivers have passed English-proficiency stops in Texas and failed them in Arkansas,” said John Esparza, president and CEO of the Texas Trucking Association. “What is efficiency? Define it for us so we can train it, and more importantly make sure we’re keeping safe drivers on the road.”

Esparza at ATA’s 2024 Management Conference and Exposition. (John Somers II for transportation topics)

Variability reflects the inherent human element of roadside inspection, even as industry groups and regulators work to promote consistency.

Lyles said the Commercial Vehicle Safety Coalition has provided guidance to enforcement agencies and emphasized documentation standards. Officers are instructed to base the interview questions on the driver’s day-to-day responsibilities and follow a set sequence of steps during the inspection.

If a carrier disputes a violation, it may seek redress through FMCSA’s DataQ system.

“We work closely with our partners at CVSA and they are working diligently on this,” Lyles said. “The procedures are clear and the guidance is straightforward in terms of what officers need to do.”

While the debate over subjectivity continues, the rule itself has inspired little change for many fleets, particularly those that already emphasize safety and compliance in their hiring practices.

“Our policies have always been consistent and straightforward,” said Matt Godfrey, president of ABF Freight. “All of our drivers must meet all federal driver qualification standards as part of the application process.”

Godfrey said English proficiency has long been regarded as a basic security requirement, and the renewed enforcement reinforces existing expectations.

“I support it because English language proficiency is a safety issue,” he said. “Drivers must be able to read road signs, respond in case of emergencies, communicate with law enforcement, and work effectively with customers and teammates.”

ABF Freight parent company ArcBest is ranked 14th on Transportation Topics’ Top 100 list of the largest for-hire carriers in North America.

Other carriers expressed similar views. Everitt Express said it requires proficiency as part of its hiring process and uses a number of steps to verify that new drivers meet the standard. The Averitt Express is ranked 29th in the TT100 available for hire.

FedEx Freight said it complies with Department of Labor and FMCSA rules and supports continued enforcement, noting that uniform application of the rules helps reduce risk and supports predictable operations. FedEx Corp. Rent is second on TT100.

In some cases, companies have gone a step ahead. Private companies have begun to develop training tools tailored to trucking, including English-language learning platforms designed to help drivers develop job-specific communication skills.

For smaller fleets, the impact of the tougher stance is more visible.

Alan Reels, owner of Crossett, Ark.-based Dedicated Logistics, said the policy has impacted his company in a positive way. Their approximately 85-truck dry van operation will not hire drivers if there is any question about English proficiency.

These standards are strengthened by experience, he said.

Safety director Scott Richardson said the company’s equipment has been involved in several incidents with drivers who could not communicate with responding officers. In one case, a driver involved in a crash in an Indianapolis parking lot did not speak English, making it difficult for officers to assess the situation.

In addition to implementing roadside inspections, additional policy changes are reinforcing the need in the broader labor pipeline.

policy pressure

The Department of Labor now requires employers to include English-language proficiency standards in job orders and applications for temporary or permanent labor certification for foreign drivers. Employers who fail to meet the requirement receive a notice of deficiency, and processing of their applications is halted until the problem is corrected.

The FMCSA rules apply not only to US-based drivers but also to those entering the country from Canada and Mexico. A limited exception exists in some commercial border areas with Mexico, where drivers may be cited for violations but are not thrown out of service.

States have also started taking supplementary steps.

On June 1, the Texas Department of Transportation announced that the commercial driver’s license and commercial learner’s permit knowledge exams would be conducted in English only. Previously, the written portion of the exam was offered in English and Spanish, while the skills test has long been conducted exclusively in English.

Interpreters are not allowed during any part of the testing process.

Esparza said most carriers in Texas haven’t raised concerns about the change because they already expect drivers to meet English-proficiency requirements. However, he said the interstate nature of trucking means drivers must meet standards not only in their home state but in multiple jurisdictions.

This reality underlines the industry’s demand for greater clarity.

“People I’ve talked to had no concerns about speaking perfect English because they trusted the drivers they hired,” Esparza said. “But when you have a system that can be interpreted differently, it creates challenges for carriers that operate across state borders.”

Over time, he expects the challenges will diminish as enforcement practices become more uniform and both regulators and industry participants gain more experience with the rule.

He also believes the renewed focus on enforcement ultimately serves a broader purpose.

“We should expect people driving in our state to speak English, period, end of story,” Esparza said. “It’s always been that way, and that’s the way it should be for very specific safety reasons.”