FMCSA English Language Proficiency FAQs

Which commercial drivers does this apply to?

It applies to any driver operating a commercial motor vehicle (CMV) meeting the definition of a CMV found in §390.5. This includes any vehicle that is used in interstate commerce that has a weight rating or actual weight of 10,001 pounds or more (single or combination), a vehicle that seats more than 8 or 15 (depending on compensation), and any vehicle requiring placarding for hazardous materials. As far as intrastate drivers, it is applicable to drivers of CMVs as defined in the state’s motor carrier safety regulations, if the state has adopted §391.11(b)(2).

If a driver received a §391.11(b)(2) violation prior to June 25, 2025, is the driver going to be retroactively placed out of service?

No. The new out-of-service criteria is effective as of June 25, 2025. Violations issued prior to that date were issued under the old out-of-service criteria.

If a driver received a §391.1(b)(2) violation prior to June 25, 2025, and receives another one on or after June 25, 2025, is the driver going to be considered as having jumped a previous out-of-service order?

No. Prior to June 25, 2025, this was not an out-of-service violation, so the first incident would not have resulted in an out-of-service order.

In the enforcement memo to officers, it states, “when warranted, initiat(e) an action to disqualify the driver from operating commercial motor vehicles in interstate commerce.” What does this mean?

If the driver is found to have violated an out-of-service order or is found to have committed egregious violations, the driver can be disqualified (see §391.15(d) and §383.51(e)) or placed out of service as an imminent hazard (see §383.52 and §386.72). Under §391.15(d) and §383.51(e), the officer initiates the process by issuing a citation for jumping a previous out-of-service order. If the driver is subsequently convicted, the driver will be disqualified from operating commercial vehicles. In the case of §383.52 and §386.72, the officer can initiate action by contacting FMCSA and reporting the incident or situation.

Does this new enforcement policy mean that I need to train and communicate with all of my drivers in English?

No. There is no rule against a driver speaking a language other than English in company facilities or carriers doing training in languages other than English. The use of English is only required when the driver is doing an official duty, such as undergoing a roadside inspection, being interviewed by an officer, or working with the public and responders following a crash.

Visit English Language Proficiency for CMV Drivers to learn more about the FMCSA’s requirements.