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Effective immediately, the Federal Motor Carrier Safety Administration (FMCSA) is implementing new guidelines to enforce the English Language Proficiency (ELP) standard that has long existed in FMCSA regulations.
According to the FMCSA, every roadside inspection must now begin in English. If a driver shows signs of struggling to understand instructions, the officer initiates a two-step ELP assessment:
- test their ability to respond in English,
- and their proficiency in reading and interpreting road signs.
No assistance allowed! Drivers aren’t allowed to use any aids, including interpreters, cue cards, translators, smartphones or any other form of help during their assessment.
If your driver fails to ta meet the requirements of this assessment, they will be cited for a violation of 49 CFR § 391.11(b)(2) and placed “out-of-service.”
The memo provides an exemption for drivers operating commercial motor vehicles in commercial zones along the U.S.-Mexico border, noting that these drivers should be cited for ELP violations but not placed out-of-service or disqualified from operating commercial vehicles. The California commercial zones include Calexico, Otay Mesa, San Diego and Tecate.
You can read the full requirement for drivers on the FMCSA’s Internal Agency Enforcement Policy here. This replaces the FMCSA’s prior policy in place since 2016. Failing to prepare your organization and drivers for these English language assessments could result in stranded drivers, equipment and freight. Contact our transportation group to discuss steps you can take now to prepare.