10-4 Magazine / July 2025 61 Promising to end the “plague of bad actors” in trucking, Transportation Secretary Sean P. Duffy recently signed an order officially rescinding previous FMCSA guidance on enforcing requirements for English proficiency for drivers. At the same time, he promised more action from the DOT in areas such as truck parking and non-domiciled CDLs. In an official signing at an event in Austin, Texas on May 20, Duffy said, “We’re going to replace it with stronger enforcement procedures.” Under the new guidance, CMV drivers who fail to comply with the FMCSA’s longstanding English language proficiency requirements will be placed out of service. This new guidance is in response to President Trump’s Executive Order to strengthen highway safety by ensuring that all commercial drivers are properly qualified and proficient in English. According to existing federal regulations, to drive a CMV in interstate commerce, drivers must be able to speak and read English satisfactorily to converse with the general public, understand traffic signs and signals, respond to questions from law enforcement, and make legible entries on reports and records. However, in 2016, the FMCSA put out guidance that violators were no longer to be placed out of service. In 2015, before the guidance was changed, there were almost 100,000 violations of the English proficiency requirements. Of those, 1,000 were put out of service. In 2024 there were only 10,000 violations, and no drivers were put out of service. Duffy thanked the Commercial Vehicle Safety Alliance for its cooperation in changing its out-of-service criteria to accommodate the change. Beginning June 2025, the English language proficiency violations will once again be included in the out of service criteria. The new 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 English Language Proficiency (ELP) assessment, which should consist of a driver interview and a highway traffic sign recognition assessment. Reversing previous guidance, tools such as interpreters, I-Speak cards, cue cards, smartphone applications, and On-Call Telephone Interpretation Services should not be used during the driver interview. The FMCSA’s renewed emphasis on ELP reflects a safety-first mindset, but the guidance leaves some uncertainty. How are drivers placed OOS for ELP violations rehabilitated and returned to work? For trucking companies, the reintroduction of OOS consequences could disrupt their operations, especially without clarity of the assessment’s specifics. Drivers face added scrutiny and possible downtime, underscoring the need for robust English training programs. While some wonder if this shift will move the needle on highway fatalities, Duffy said, “We have 40,000 deaths on American roads every year, and as much as we try, it’s really hard to move those numbers. Is this going to move those numbers by the thousands? No. But I think we have to think through how we can take small steps and start to save lives and move that needle in the right direction, and I think this is one of those small things we can do to follow the law and make sure we keep our roads safe.” Duffy announced that the DOT is also taking additional steps related to commercial driver qualifications including reviewing the security of commercial driver’s licenses. “This is a state-by-state issue, but we do have a role, and we are reviewing the security procedures around how CDLs are given throughout the states.” They will also be reviewing non-domiciled CDLs and improving verification protocols for domestic and international credentials to ensure only qualified drivers are behind the wheel in America. The executive order commanding the DOT to change the English language enforcement is also directed at taking steps to improve the working lives of truckers. That’s a broad and vague order, but Duffy offered a few clues to the department’s thinking so far, saying, “I’ve got to tell you, it’s one of the most vocal groups of people I’ve heard from in my time at DOT. I hear from the truckers a lot, and this subject of English language proficiency was one of the big ones. But they’ve also said the quality of life could be improved. And that means looking at critical needs like truck parking, which impacts the lives of truckers every day on the road.” “There will be more to come on this, but you can be sure the DOT is committed to trucker safety,” Duffy said. “From not enforcing English language proficiency requirements, to broker fraud, to non-domiciled CDLs, it kind of feels like the trucking industry has become the Wild West with a lot of bad actors who have been allowed to play in this space,” he added. “We’re going to end the plague of bad actors, and we are going to support and encourage the great businesses, the great drivers, and the great brokers that make this country work.” With Duffy were John Esparza, president and CEO of the Texas Trucking Association, as well as state transportation officials. “This is an issue that has been long in the works,” Esparza said. “Something we’ve been in communication about for years now. The basic premise behind what’s occurring today is safety. When we talk about English proficiency, we are talking about the very first interaction that we’re having roadside,” Esparza said. “We share 1,250 miles of US/Mexico border here in Texas, out of 1,550 miles in the entire country. If we’re not taking the lead, as partners with TexDOT, then we’re not going to get any work done.” “Out on the road, there’s no margin for error,” Esparza said. “The only thing separating safe trips from deadly ones can often be a simple road sign. “These signs aren’t suggestions. They’re warnings. They can save lives – but only if they’re understood. Truckers must be able to read signs, communicate with law enforcement, and respond in emergencies. When that doesn’t happen, people get hurt – or worse. Complying with the language proficiency standards doesn’t mean you can recite an encyclopedia, but it should mean you comprehend routine safety messages,” Esparza said. In short, English proficiency isn’t optional – it is essential! n NO BAD ACTORS! Wayne’s World: By Wayne Schooling
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