Executive Order Reinstates English Proficiency Enforcement for CDL Drivers, Signals Regulatory Changes

On April 28, 2025, President Trump issued an Executive Order titled “Enforcing Commonsense Rules of the Road for America’s Truck Drivers,” reinstating enforcement of English language proficiency (ELP) requirements for CDL drivers, among other directives.

The Executive Order primarily reinforces 49 C.F.R. § 391.11(b)(2), a longstanding Federal Motor Carrier Safety Regulation requiring CDL drivers to “read and speak the English language sufficiently to converse with the general public, understand highway traffic signs and signals, respond to official inquiries, and make entries on reports and records.” The order directs the Secretary of Transportation, through the FMCSA, to rescind a 2016 Obama-era guidance (MC-ECE-2016-006) that relaxed ELP enforcement by instructing inspectors not to place non-compliant drivers out of service. By restoring ELP violations to out-of-service status—effective June 25, 2025—the order authorizes immediate enforcement for non-compliant drivers, aiming to enhance roadway safety.

Further, the order mandates a review of non-domiciled CDL holders to identify irregularities and improve verification processes, alongside broader directives to reduce regulatory burdens within 60 days.

The reinstatement of ELP enforcement in the FMCSRs, which have required English proficiency since 1937, raises several issues for motor carriers and commercial drivers. Notably, the absence of a standardized ELP test could result in inconsistent enforcement and varied outcomes for commercial drivers whose primary language is not English.

For motor carriers, the order imposes immediate compliance obligations. Companies must ensure drivers meet ELP standards to avoid out-of-service penalties that could disrupt operations. According to a recent email from the New Jersey Motor Truck Association to its members, the FMCSA recommends that motor carriers interview drivers in English, demonstrating the driver understands:

1. the origin and destination of a trip;
2. the time spent on duty;
3. the information on their driver’s license;
4. the information on their bills of lading; and
5. information related to their vehicle.

The order’s directive to reduce regulatory burdens was initially vague, but in May 2025, the FMCSA unveiled 18 new proposed rules, currently under a 60-day comment period. These proposed rules include:

• Removal of the self-reporting requirement
• Allowing Reserves or National Guard members to qualify for the military exception for CDL requirements
• Modifying the term “medical treatment” in accident reporting
• Revising the requirement that motor carriers and intermodal equipment providers sign and return a completed roadside inspection form to the issuing state agency
• Requiring that DVIRs be filled out electronically to save time and costs
• Rescinding the requirement that ELD manuals be kept in a truck
• Creating new exceptions for railroad grade crossings equipped with active warning devices
• Removing references to “water carriers” in FMCSRs
• Establishing new rules on parts and accessories necessary for safe operation

While the Executive Order strengthens enforcement of existing ELP requirements, it introduces new challenges for employers. Motor carriers must proactively review hiring and training practices to ensure compliance. The order’s long-term impact will depend on FMCSA’s forthcoming guidance.

To learn how these developments may affect your business or to discuss compliance strategies, please contact Chartwell’s Transportation Practice Group.

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