When FMCSA announced increased focus on English Language Proficiency (ELP) enforcement in early 2025, many in the industry dismissed it as regulatory noise. Six months later, the numbers tell a different story.
23,000+
Total ELP violations
28%
Violations resulting in OOS
These aren't just statistics. Each of those 7,248 out-of-service orders represents a truck that stopped moving, a load that didn't get delivered, and a carrier facing immediate financial and operational impact.
What Changed in June 2025?
The regulation itself isn't new. 49 CFR § 391.11(b)(2) has required CMV drivers to "read and speak the English language sufficiently" for decades. What changed was enforcement.
Starting in June 2025, DOT inspectors received updated training and explicit guidance to actively assess English proficiency during roadside inspections. This wasn't a suggestion—it was a priority. The result was an immediate spike in ELP-related violations.
The Two-Part Roadside Protocol
Inspectors now follow a standardized two-part assessment:
- Conversational Assessment: The inspector asks questions that require comprehension and verbal response. These aren't trick questions—they're practical: "Where are you headed?" "What are you hauling?" "When did you last take a break?"
- Sign Recognition: The driver is shown common US road signs and asked to explain their meaning. This tests whether they can understand critical safety information on the road.
Failure in either part can result in an ELP violation. If the inspector determines the driver cannot communicate effectively, they can issue an out-of-service order on the spot.
Who's Getting Caught?
Analysis of violation data reveals some patterns:
- New drivers to the US market — Drivers who recently obtained CDLs but have limited English exposure
- Long-haul routes — Higher inspection rates at weigh stations and ports of entry means more opportunities for ELP checks
- Post-accident inspections — ELP assessment is now standard in post-incident reviews
Notably, this isn't about accent or fluency. Inspectors are trained to assess functional communication, not linguistic perfection. A driver with heavily accented English who can effectively communicate will pass. A driver who cannot understand basic questions or explain sign meanings will not.
The Real Cost to Your Fleet
An ELP out-of-service order creates a cascade of costs:
- Immediate: The truck stops. The load is delayed. You need to arrange alternative transport or wait for the driver to be "cleared."
- CSA Impact: ELP violations affect your BASIC scores, particularly the Driver Fitness category. This can trigger audits and affect your insurance rates.
- Lost Revenue: A parked truck doesn't earn. Average daily revenue loss per OOS order: $800-1,200.
- Reputation: Shippers track carrier compliance scores. High violation rates can cost you contracts.
"We had two drivers OOS'd in the same week at the same weigh station. Total cost including the loads we had to reroute was over $6,000. That's when we realized we had a systemic problem."
What Smart Fleets Are Doing
Carriers who are staying ahead of enforcement are taking proactive steps:
1. Pre-Employment Screening
Adding ELP assessment to your hiring process isn't discrimination—it's compliance. You're required to employ drivers who can meet the regulatory standard. Screening upfront protects both the driver and your fleet.
2. Current Driver Assessment
Many fleets are discovering ELP risks they didn't know they had. Drivers who've been with you for years may have been skirting by on familiar routes. New enforcement means new exposure.
3. Documentation
If you've assessed a driver's English proficiency, document it. If an inspector questions a driver's ELP and you can show they passed a legitimate assessment, it strengthens your compliance position.
4. Training Resources
For drivers who struggle, providing English training resources isn't just good HR—it's risk mitigation. Many drivers can improve their functional English with targeted practice.
Don't Wait for the Roadside
ELPReady lets you assess your drivers' English proficiency before an inspector does. Voice-based testing that mirrors the actual roadside protocol.
Test Your Drivers Free
Looking Ahead: 2026 Enforcement Projections
Based on current trends and FMCSA communications, expect ELP enforcement to intensify, not relax. Several factors point to continued pressure:
- Inspector training programs are expanding
- ELP has been added to standard inspection checklists at more locations
- Industry compliance rates remain low, inviting continued focus
The carriers who treat ELP compliance as a priority now will have a competitive advantage. Those who wait will continue paying the price—one OOS order at a time.
Key Takeaways
- ELP enforcement is real and accelerating—7,248 drivers parked in 6 months
- 28% of ELP violations result in immediate out-of-service orders
- The roadside test is conversational + sign recognition
- Proactive assessment is the only way to get ahead of the risk
- Documentation of ELP compliance strengthens your position