CDL English Proficiency Requirement Under FMCSA Explained
Truck accidents and the CDL English proficiency requirement under the FMCSA
As a truck accident lawyer, I have handled cases involving people who have been seriously injured in truck wrecks at the hands of commercial drivers who do not speak English. Drivers who do not speak English fluently are in violation of the Federal Motor Carrier Safety Rules. The companies that hire these drivers, who may pose a greater risk of causing a truck accident because they do not speak English or may be confused by English language on a road sign, are in violation of the CDL English proficiency requirement as well.
This safety requirement under the Federal Motor Carrier Safety Administration remains in place, even as we enter a global economy and are seeing new agreements that allow Mexican and Canadian motor carriers on U.S. roads.
Here’s the CDL English proficiency requirement for commercial truck and bus drivers in the U.S., according to the FMCSA:
- “A person shall not drive a commercial motor vehicle unless he/she is qualified to drive a commercial motor vehicle. . . . [A] motor carrier shall not require or permit a person to drive a commercial motor vehicle unless that person is qualified to drive a commercial motor vehicle.” (49 CFR § 391.11(a))
- A “person is qualified to drive a motor vehicle if he/she . . . [c]an read and speak the English language sufficiently to converse with the general public, to understand highway traffic signs and signals in the English language, to respond to official inquiries, and to make entries on reports and records . . .” (49 CFR § 391.11(b)(2))
The CDL English proficiency requirement is an important topic, and I have spoken at legal seminars on this issue, which is often missed by attorneys who litigate commercial truck cases but do not know that companies are required to hire drivers who are proficient in reading and speaking English.
Presidential Executive Order on CDL English proficiency requirement
On April 28, 2025, the President issued an Executive Order that provides:
- “It is the policy of my Administration to support America’s truckers and safeguard our roadways by enforcing the commonsense English-language requirement for commercial motor vehicle drivers and removing needless regulatory burdens that undermine the working conditions of America’s truck drivers. This order will help ensure a safe, secure, and efficient motor carrier industry.” (Sec. 2)
- “The Secretary of Transportation, acting through the Administrator of the Federal Motor Carrier Safety Administration (FMCSA), shall, within 60 days of the date of this order, rescind the guidance document titled, “English Language Proficiency Testing and Enforcement Policy MC-ECE-2016-006,” issued on June 15, 2016, and issue new guidance to FMCSA and enforcement personnel outlining revised inspection procedures necessary to ensure compliance with the requirements of 49 C.F.R. 391.11(b)(2).” (Sec. 3 (a))
- “In carrying out subsection (a) of this section, the Secretary of Transportation, through the Administrator of the FMCSA, shall take all necessary and appropriate actions, consistent with applicable law, to ensure that the out-of-service criteria are revised such that a violation of the English language proficiency requirement results in the driver being placed out-of-service, including by working with the relevant entities responsible for establishing the out-of-service criteria.” (Sec. 3 (b))
FMCSA’s English Language Proficiency Policy
The FMCSA’s May 20, 2025, policy provides that under 49 CFR § 391.11(b)(2) – the English language proficiency requirement – a driver “is not qualified to operate” a commercial motor vehicle (CMV) “in interstate commerce” if he or she “cannot read and speak the English language sufficiently to converse with the general public, to understand highway traffic signs and signals in the English language, to respond to official inquiries, and to make entries on reports and records . . .”
The FMCSA policy also provides that if a driver violates the English language proficiency requirement in 49 CFR § 391.11(b)(2), then the driver shall be placed “immediately out-of-service” and may ultimately be disqualified from “operating commercial motor vehicles in interstate commerce.”
Injured in a truck accident where the driver didn’t speak English? Call the attorneys at Michigan Auto Law now for a free consultation!
If you were injured in a commercial truck accident in Michigan where the driver didn’t speak English and are wondering if they fulfilled the CDL English proficiency requirement, call now (800) 968-1001 for a free consultation with an experienced commercial truck accident lawyer. There is no cost or obligation. You can also visit our contact page or use the chat feature on our website.
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