ELP COMPLIANCE
ENGLISH PROFICIENCY Enforcement of English-language rule now puts about 2,000 drivers out of service each month
North America. Other carriers expressed similar views. Averitt Express said it requires proficiency as part of its hiring process and uses mul- tiple steps to verify that new drivers meet the standard. Averitt Express ranks No. 29 on the for-hire TT100. FedEx Freight said it complies with De- partment of Labor and FMCSA regulations and supports consistent enforcement,
enforcement agencies and emphasized documentation standards. Officers are in- structed to base interview questions on a driver’s day-to-day responsibilities and to follow a defined sequence of steps during inspections. If a carrier disputes a violation, it can seek redress through FMCSA's DataQs system. “We work closely with our partners at CVSA, and they have been diligently work- ing on this,” Lyles said. “The procedures are clear and the guidance is straightfor- ward in terms of what officers need to do.” While the debate over subjectivity con- tinues, the rule itself has prompted little change for many fleets, particularly those that already emphasized safety and com- pliance in their hiring practices. “Our policies have always been the same and straightforward,” said Matt Godfrey, president of ABF Freight. “All of our drivers have to meet all federal driver qualification standards as part of the ap- plication process.” Godfrey said English proficiency has long been treated as a basic safety require- ment, and the renewed enforcement has simply reinforced existing expectations. “I support it because English-language proficiency is a safety issue,” he said. “Driv- ers need to be able to read road signs, re- spond in case of emergencies, communi- cate with law enforcement, and work effectively with customers and teammates.” ABF Freight parent company ArcBest ranks No. 14 on the Transport Topics Top 100 list of the largest for-hire carriers in
By Steve Brawner Special to Transport Topics F ederal enforcement of a long-dormant English-language rule is now side- lining about 2,000 drivers a month with out-of-service violations, an American Trucking Associations executive said. The current enforcement environment reflects a return to a rule that dates to 1937 but was unevenly applied for much of the past decade. A 2016 Federal Motor Carrier Safety Administration guidance document was interpreted by many agencies to mean drivers should not be placed out of service for English-language deficiencies, resulting in minimal enforcement across states. “Basically between 2016 and last year, there were next to no out-of-service vio- lations for English language,” said Brenna Lyles, ATA’s vice president of safety policy. “It just wasn’t a consis- tently enforced violation across states, across jurisdictions.” That changed in June 2025, when road- side inspectors began placing drivers out of service if they were not proficient in En- glish, following an executive order issued earlier that spring and subsequent action by FMCSA. In the months since, enforcement has settled into a steady pattern. Lyles said there have been some minor procedural adjustments and an initial learning curve as states aligned their approaches, but there have been no significant surges or declines in violations.
“At this point, we are seeing pretty con- sistent application of the rule,” she said. “States needed some time to update pro- cedures or seek direction, but that imple- mentation phase has largely passed.” Consistency concerns Even as enforcement has stabilized, questions remain about how proficiency is determined and whether the process yields consistent results nationwide. The evaluation includes a two-part test. First, an officer conducts an interview with the driver, asking questions related to routine job duties. Second, the driver must correctly identify or interpret com- mon road signs. While the signage portion is more objective, the interview compo- nent does not rely on a standardized scor- ing system, leaving room for interpreta- tion by individual officers. That subjectivity has become a central concern for some carriers and industry groups. “We have had carriers whose drivers have passed English-proficiency stops in Texas and failed them in Arkansas,” said John Esparza, president and CEO of Texas Trucking Association. “What is pro- ficiency? Define it for us so that we can train to it, and more importantly, ensure we are putting safe drivers on the road.” The variability reflects the inherently human element of roadside inspections, even as industry groups and regulators work to promote consistency. Lyles said the Commercial Vehicle Safety Alliance has provided guidance to
Godfrey says all ABF Freight drivers have to meet federal driver qualification standards as part of the application process. (ABF Freight)
noting that uniform application of rules helps reduce risk and supports predict- able operations. FedEx Corp. ranks No. 2 on the for-hire TT100. In some cases, companies have gone a step further. Private firms have begun de- veloping training tools tailored to truck- ing, including English-language learning platforms designed to help drivers build job-specific communication skills. For smaller fleets, the impact of the tougher stance has been more visible. Alan Riels, owner of Crossett, Ark.- based Dedicated Logistics, said the policy
July 2026, Issue 1 • Transport Topics 18
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