In June 2025, the Commercial Vehicle Safety Alliance (CVSA) updated the North American Standard Out-of-Service Criteria (OOSC) to include the English Language Proficiency (ELP) rule under Part I – Driver. The rule stipulates that a driver can be placed out of service if they cannot read and speak English sufficiently to communicate with an enforcement official and respond to official inquiries in accordance with the Federal Motor Carrier Safety Administration (FMCSA) enforcement guidance.
Under FMCSA regulation 49 CFR § 391.11(b)(2), a CMV driver must be able to do the following:
- Read and speak English sufficiently to converse with the general public
- Understand U.S. highway traffic signs and signals
- Respond to official inquiries (e.g., from law enforcement or inspectors)
- Make entries on reports and records in English
If a driver cannot do these tasks, they are not considered qualified to operate a commercial vehicle. However, drivers in border commercial zones along the U.S.-Mexico border are subject to citation for noncompliance, but will not be placed out of service solely for failing to demonstrate English proficiency.
The California Highway Patrol (CHP) is now enforcing the English Language Proficiency for drivers of commercial motor vehicles. Roadside inspections must be conducted in English, with defined steps for verifying a driver’s English Language Proficiency. The assessment includes:
- An in-person interview to evaluate the driver’s ability to respond in English.
- Verification that the driver can read and interpret roadway signs, including electronic message boards.
The use of translation tools, interpreters, cue cards, or mobile apps is not permitted during the ELP assessment.
Best Practices to Implement
Motor carriers should verify the English proficiency of all drivers. Provide bilingual training resources and test drivers’ ability to read and interpret English road signs, communicate with enforcement officers, and complete logbooks. Additionally, offer bilingual safety materials and targeted English-language instruction to help drivers meet FMCSA expectations.
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