Why fleets may need to rethink hiring, onboarding, and documentation workflows under the new regulation.

For nearly 90 years, the FMCSA has required that commercial drivers be able to “read and speak the English language sufficiently to converse with the general public, understand highway signs and signals, respond to official inquiries, and make entries on reports and records.” 

That’s straight from the federal regulation on this issue, a rule that’s been on the books since 1937. Just because something’s been written doesn’t mean it’s been enforced.

In 2015, the Commercial Vehicle Safety Alliance (CVSA) removed an English-language provision from its out-of-service criteria. The move effectively muted enforcement of the rule at the roadside level, creating a regulation without any teeth. Fast forward to 2025, and we’ve come full circle. President Trump signed an Executive Order directing the Department of Transportation (DOT) and the Federal Motor Carrier Safety Administration (FMCSA) to re-enforce the English proficiency requirement. 

Now, the CVSA is suddenly back on board, promising to help enforce the very rule they chose to sideline a decade ago.

This raises an obvious question for fleets. What now?

The rule never left, but enforcement did

The FMCSA’s English-language requirement has always applied to CDL holders operating in interstate commerce. For the past 10 years, enforcement has been inconsistent at best and non-existent at worst. That changed with Trump’s Executive Order, which stipulates that:

  • The rule should be enforced, so there are consequences for violating it.  
  • There should be a review of non-domiciled CDL programs for irregularities.
  • There should be regulatory action to improve safety and working conditions for drivers.
  • There should be a renewed emphasis on English proficiency as a non-negotiable safety standard.

While some headlines suggested that this was a brand-new rule, it has been federal law for nearly a century. The issue now is how it will be enforced.

What this means for hiring and qualification workflows

For commercial fleets, the rule is a compliance curveball that could directly impact how they hire, onboard, and qualify drivers moving forward.

The regulation is vague in its definition of “sufficient” English skills, meaning that enforcement will be subjective. Officers will assess situations in real time. Can the driver understand and respond to an inquiry? Can they read road signs? Can they produce and explain logs or shipping documents?

If the answer is no, the driver could be placed out of service on the spot. That has implications not only for safety and CSA scores, but also for operations and dispatch planning.

Fleets will need to build out qualification workflows to ensure drivers are qualified by:

  • Assess English proficiency during the hiring or onboarding process. This could mean integrating verbal assessments or standardizing interviews with language prompts.
  • Train staff to document these assessments. Documenting proof that a driver met English proficiency standards could be crucial in defending against enforcement actions or discrimination claims.
  • Monitor and revisit qualification status regularly. Like any driver qualification item, this may need to be reviewed periodically as part of ongoing fitness evaluations.

Motive’s Workforce Management tools can help facilitate and track this process. Whether it’s uploading language assessment forms, storing evaluation notes, or setting reminders for follow-up coaching, Motive provides the infrastructure to keep your compliance house in order, even when the rules become unclear.

What about current drivers?

This is where things get tricky. If your fleet includes drivers who can’t speak, read, or write in English, you’ll be faced with a tough decision. Do you:

  • Provide language training and coaching as an accommodation?
  • Reassign drivers to non-CDL positions where possible?
  • Begin transitioning those drivers out of regulated operations?

Each path presents its own set of legal and operational risks, particularly when balancing equal opportunity considerations and FMCSA compliance requirements. There is currently no explicit federal guidance on how to treat non-English-speaking drivers. Still, you can bet that lawsuits will test the boundaries of discrimination, accommodation, and public safety.

The safest option? Build a defensible policy. One that aligns with English proficiency standards under 391.11(b)(2), allows for fair evaluations, and applies evenly to all candidates and drivers.

Where dash cams come in

If a driver is placed out of service for “failing to communicate,” how do you dispute it? That’s where technology such as Motive’s AI Dashcams, can help. 

In an age where everything is recorded, video can serve as a defense. Not only against nuclear verdicts but also against unwarranted citations.

How many drivers does this affect?

FMCSA’s most recent demographic data shows that only 3.8% of CDL drivers are considered “Limited English Proficient.” That’s significantly lower than the general labor force (12.9%)​.

The reality is that this change won’t affect the vast majority of fleets. However, for those who do rely on non-English-speaking drivers, especially in port drayage, short-haul, or regional operations, this rule could significantly impact their operations.

Final thoughts

This time, the English requirement isn’t just on paper; it’s back in enforcement. And while the rule never changed, its consequences did. If you’re a fleet trying to operate legally and ethically, here’s what you should do next:

  • Review rule 391.11(b)(2) and your current qualification process
  • Update your hiring practices to include language assessments
  • Document everything
  • Use Motive technology to track qualification
  • Get ahead of roadside enforcement by using AI dash cams to record roadside interactions.

The rules may change, but your need for a trusted compliance partner doesn’t. Whether it’s new enforcement around language proficiency, evolving FMCSA requirements, or navigating audits and qualification files, Motive gives you the tools to stay one step ahead.

Enforcement is back, and fleets are under the microscope.

Don’t wait for a roadside stop to expose compliance gaps. Use Motive to build defensible workflows, document every interaction, and protect your fleet with tools that stand up to scrutiny. Explore Motive’s Workforce Management and dash cam solutions to stay ahead of the regulation.