Last month, President Donald Trump signed an executive order directing the Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) to begin enforcement of English language proficiency (ELP) requirements. The requirements are for commercial motor vehicle (CMV) drivers engaged in interstate commerce beginning June 25. The ELP requirement has been in place for years, but has gone largely unenforced by FMCSA.

The order and accompanying guidance direct roadside inspectors to verify that CMV drivers have basic English skills. All inspections will be conducted in English, and FMCSA personnel are prohibited from using smart phone apps or other translation services to assist with communications. In addition to orally communicating in English, the driver may be required to undergo a highway traffic sign recognition assessment. If the driver fails to meet ELP requirements, they will be immediately taken out of service, and the motor carrier may face citations and penalties for violating the language requirements.

Motor carriers should conduct employee assessments to make sure their drivers meet the ELP and traffic sign recognition requirements. Employees who struggle with these standards may be provided remedial English instruction, but companies that use CMV drivers without a basic level of English language skills risk roadside disqualification of those drivers and resulting interruption of delivery services.

For more information, please contact me or your regular Parker Poe contact.

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