American Trucking Associations Safety Policy Update: Revised ELP Guidance

By the American Trucking Associations

This morning, U.S. Transportation Secretary Duffy announced the publication of updated FMCSA guidance to enhance the enforcement of English language proficiency (ELP) requirements among commercial drivers, in accordance with President Trump’s April 28th Executive Order. As you may recall, the EO directs FMCSA to rescind the 2016 Enforcement Policy Memo regarding English language proficiency and issue new guidance outlining revised inspection procedures necessary to ensure compliance with ELP regulations in 49 CFR 391.11(b)(2).  It also instructs FMCSA to coordinate with law enforcement to revise the out-of-service criteria so that violations of the ELP requirement result in the driver being placed out-of-service, among other directives.

Upon initial review, FMCSA’s revised ELP policy and guidance published today (attached) outlines enforcement procedures to assess whether a driver’s lack of English proficiency poses safety concerns and increases crash risk — conditions that would warrant an out-of-service order. The memo establishes standardized roadside assessment criteria, including a driver’s ability to (1) respond to and sufficiency communicate with roadside enforcement (i.e., load type, trip destination and origin) and (2) read and interpret road signs, including dynamic roadside message signs. Drivers are prohibited from using communication aids, such as interpreters, cue cards, or smartphone apps, during roadside ELP assessment. Failure to meet these criteria, as determined by the assessing enforcement official, will result in the driver being placed out-of-service. This revised guidance takes effect immediately and supersedes the 2016 ELP guidance.

Note, the policy applies to all U.S. enforcement personnel conducting inspections of interstate CMV operations. While drivers in border commercial zones along the U.S.–Mexico border are still subject to citation for noncompliance, they will not be placed out-of-service solely for failing to demonstrate English proficiency.

We are continuing to review the revised guidance and will provide additional details as soon as possible. We look forward to your input and welcome any questions or feedback.

Here is the document: