DOT tightens rules requiring English proficiency: What’s the impact on employing commercial drivers?

What do employers of Commercial Motor Vehicle drivers need to know about the Department of Transportation’s new strict enforcement rule about English Language Proficiency requirements and how does it impact the hiring of drivers?

On June 23, 2025, the U.S. Department of Transportation (or DOT) issued new enforcement guidance prohibiting Commercial Motor Vehicle drivers from using interpretative tools, such as translation applications, during roadside inspections to demonstrate English language proficiency (also referred to as ELP). Prior to this change, the DOT allowed drivers to use interpretative tools to demonstrate they met the ELP qualification requirement during a roadside inspection. The rationale under this earlier approach was to balance safety enforcement with the practical realities of a diverse workforce.

Under the new enforcement guidance, drivers who are unable to meet ELP requirements will be issued out of service orders and cited for non-compliance. In turn, the driver’s commercial motor vehicle will remain stationary due to the out of service order, impacting the flow of commerce.

While further guidance was expected to be issued regarding how the rule will be applied and what an out of service order means for both drivers and the motor carrier, such guidance has not been forthcoming. Instead, over 3,000 drivers have been issued out of service orders since the guidance took effect. Given the foregoing, employers should assess how the new enforcement guidance impacts their current drivers as well as how it impacts their driver hiring process.

• If an employer knows their current drivers lack English language proficiency, they should explore the available training options.
  • For instance, during routine safety meetings, drivers could be refreshed on the various road signs they may encounter and the meaning of those signs.
  • Depending on the circumstances, however, more robust training may be necessary. In those circumstances, such training could be a double-edged sword. If the employer continues to employ drivers knowing they lack English language proficiency, they may be found to be in violation of DOT regulations, and such a finding could bring potentially significant penalties.
• In addition to addressing their current workforce, employers can review and revamp their hiring practices if necessary to ensure they hire drivers who meet the ELP requirement. In revamping their hiring practices, employers should retrain managers and supervisors involved in the hiring process on the dos and don’ts of hiring, interview questions, and the difference between an English Only rule (which is likely unlawful) and an English Proficiency rule.

In the past, most employers allowed translation devices to satisfy ELP requirements, which is no longer permitted. As a result, employers will need to develop a strategic and individualized approach to responding to the new enforcement guidance.

To address your individual concerns around ELP awareness and compliance, we encourage you to consult with legal counsel. Littler attorneys are well-versed in the new enforcement guidance and offer comprehensive training programs to help employers benchmark recommended practices and navigate this evolving regulatory landscape.