06/10/2025
FMCSA just released their new guidance for English Language Proficiency. The policy is effective immediately.
POLICY
This policy advises FMCSA personnel to initiate all roadside inspections in English. If the inspector’s initial contact with the driver indicates that the driver may not understand the inspector’s initial instructions, the inspector should conduct an ELP assessment in order to evaluate the driver’s compliance with 49 CFR § 391.11(b)(2). This assessment should consist of
a (1) driver interview; and (2) highway traffic sign recognition assessment.
Step 1. Driver Interview – Determining a Driver’s Ability to Respond Sufficiently to Official Inquiries
The inspector should evaluate the driver’s ability to respond sufficiently to official inquiries and directions in English, as required by 49 CFR § 391.11(b)(2).
Because the driver interview is a means of establishing the driver’s ability to respond to official inquiries by speaking English sufficiently, the inspector should inform the driver that the driver should respond to the inspector in English. Tools to facilitate communication such as interpreters, I-Speak cards, cue cards, smart phone applications, and On-Call Telephone Interpretation Service should not be used during the driver interview, as those tools may mask a driver’s inability to communicate in English. If the inspector determines the driver is unable to respond to official inquiries in English
sufficiently, it is the policy of FMCSA that the inspector cite the driver for a violation of 49 CFR § 391.11(b)(2).
There is no need to progress to Step 2 if the inspector determines that the driver is unable to
respond sufficiently to official inquiries as outlined in Step 1 of the ELP Assessment.
Step 2. Highway Traffic Sign Recognition Assessment – Determining a Driver’s Ability to Understand Sufficiently United States Highway Traffic Signs Including Changeable Signs in the English Language
The inspector should evaluate the driver’s ability to understand sufficiently United States highway traffic signs by conducting a Highway Traffic Sign Assessment to include highway traffic signs that conform to the Federal Highway Administration’s Manual on Uniform Traffic Control Devices for Streets and Highways (MUTCD) and electronic-display changeable (a.k.a.
“dynamic”) message signs the driver may encounter while operating a commercial motor vehicle:
1. Explain to the driver that one of the qualifications to drive a CMV that the inspector is evaluating is that the driver is able to understand the meaning of U.S. highway signs.
There is more in the link to the guidance below.