English Language Proficiency for Truck Drivers: The 391.11(b)(2) Rule
A driver must read and speak English well enough to talk with the public, understand highway signs and signals in English, answer official questions, and fill out reports and records (49 CFR 391.11(b)(2)). Under the CVSA out-of-service criteria in effect since June 25, 2025, a driver who fails the roadside check is put out of service. FMCSA proposed on August 10, 2026 to write that into its rules. The proposal is not final.
Facts checked October 22, 2026
Key Points
- To drive a commercial motor vehicle in interstate commerce, a person must be able to read and speak English sufficiently to converse with the general public. The person must understand highway traffic signs and signals in English, respond to official inquiries, and make entries on reports and records (49 CFR 391.11(b)(2))
- A motor carrier may not require or permit a person to drive unless the person is qualified (49 CFR 391.11(a))
- The rule applies to every driver of a commercial motor vehicle in interstate commerce, whatever the driver's nationality. Drivers based in Canada and Mexico have been covered since the 1930s (FMCSA proposed rule, 91 FR 51422)
- States that get FMCSA safety grants must adopt compatible rules, and the compatible rules generally cover intrastate trips too (FMCSA proposed rule, 91 FR 51422)
- Since June 25, 2025, the CVSA North American Standard Out-of-Service Criteria treat a violation of 391.11(b)(2) as an out-of-service condition. State inspectors use these criteria
- FMCSA's roadside check has two steps: a driver interview in English, then a highway sign check. A driver who fails the interview skips the sign check (FMCSA policy MC-SEE-2026-0002, April 16, 2026)
- Interpreters, I-Speak cards, cue cards, phone apps and telephone interpretation services are not used during the driver interview (FMCSA policy MC-SEE-2026-0002)
- A driver whose current trip stays inside a U.S.-Mexico border commercial zone is cited but not put out of service. A driver whose trip goes outside the zone is put out of service (FMCSA policy MC-SEE-2026-0002)
- On August 10, 2026 FMCSA proposed to put the out-of-service rule into 49 CFR 390.5, 390.5T and 391.11. Comments closed on October 9, 2026. It is a proposal, not a final rule (91 FR 51422)
How the English language rule has been enforced
| Date | What happened | Source | |
|---|---|---|---|
| July 1, 1937 | The ICC's motor carrier safety rules began to require drivers to read and speak English, with a short exception for drivers already working. The ICC removed that exception in 1939 | 91 FR 51422 | |
| April 1, 2005 | CVSA added violations of 391.11(b)(2) to its out-of-service criteria | 91 FR 51422 | |
| April 1, 2015 | CVSA removed 391.11(b)(2) from its out-of-service criteria. A 2016 FMCSA policy told staff to cite drivers but not put them out of service | 91 FR 51422 | |
| April 28, 2025 | Executive Order 14286 told FMCSA to rescind the 2016 guidance and to work with CVSA so that a violation puts the driver out of service | 91 FR 51422 | |
| May 20, 2025 | FMCSA issued internal policy MC-SEE-2025-0001 for its own inspectors | 91 FR 51422 | |
| June 25, 2025 | The CVSA out-of-service criteria update took effect. State inspectors began putting drivers out of service for the violation | 91 FR 51422 | |
| April 16, 2026 | FMCSA replaced its policy with MC-SEE-2026-0002. It tightened the border zone exception and shortened the list of sample signs | FMCSA policy | |
| April 19, 2026 | CVSA revised its criteria to follow current FMCSA guidance, so State inspectors use the April 2026 policy | 91 FR 51422 | |
| August 10, 2026 | FMCSA published a proposed rule to write the out-of-service condition into the regulations | 91 FR 51422 | |
| October 9, 2026 | The comment period on that proposal closed | 91 FR 51422 |
What does the English language rule for truck drivers say?
It is one of the basic qualifications for a driver in 49 CFR 391.11(b). A person is qualified if he or she can read and speak English sufficiently to converse with the general public. The person must also be able to understand highway traffic signs and signals in English, to respond to official inquiries, and to make entries on reports and records (391.11(b)(2)). A driver who cannot do those things is not qualified to drive a commercial motor vehicle in interstate commerce. The carrier is also bound. It may not require or permit an unqualified person to drive (391.11(a)). The rule is not new. FMCSA says it traces back to the ICC's 1936 motor carrier safety rules.
Do CDL drivers have to speak English?
Yes, if they drive in interstate commerce. The qualification rule applies to every driver of a commercial motor vehicle in interstate commerce, whatever the driver's nationality (FMCSA proposed rule, 91 FR 51422). Canadian and Mexican drivers in the United States have been covered since the 1930s. States that take part in FMCSA's safety grant program must adopt compatible rules, and those rules generally reach intrastate trips as well. The rule is about driving a truck. It does not by itself tell you what language your state uses for CDL tests. Ask your state licensing agency about that.
How does the roadside English check work?
FMCSA tells its inspectors to start every inspection in English. If the first contact shows that a driver may not understand, the inspector does an English language proficiency assessment with two steps (FMCSA policy MC-SEE-2026-0002). Step 1 is a driver interview. The inspector tells the driver to answer in English and asks questions. Interpreters, I-Speak cards, cue cards, phone apps and telephone interpretation are not used, because they could hide a driver's inability to communicate. A driver who cannot answer official inquiries well enough fails, and the inspector skips Step 2. Step 2 is a highway sign check. The inspector assesses whether the driver understands U.S. highway traffic signs, including signs from the federal Manual on Uniform Traffic Control Devices and changeable message signs. FMCSA's policy is written for its own inspectors. State inspectors use the CVSA criteria, which follow it.
What happens if a driver fails the English check?
The inspector cites the driver for violating 49 CFR 391.11(b)(2), records the evidence, and puts the driver out of service at once. The inspector tells the driver that it is unlawful to drive a commercial motor vehicle while out of service. The driver should not operate one in interstate commerce until the problem is fixed. When warranted, FMCSA may also start a driver qualification proceeding by issuing a letter of disqualification under 49 CFR 386.11(a). FMCSA says that process may not apply to other enforcement agencies. The proposed rule would move the out-of-service condition from the CVSA criteria into the federal rules. Then States would have to adopt it even if CVSA later changed its criteria.
Is there an exception near the Mexican border?
There is a narrow one. In a U.S.-Mexico border commercial zone, the inspector first checks the scope of the driver's current trip. The inspector uses bills of lading, dispatch records, equipment interchange receipts, driver statements or other shipping papers. If the trip stays inside the zone, the driver who fails is cited but not put out of service. If the trip goes, or would go, outside the zone, the driver is put out of service. The exception turns on the trip, not on the driver's country or license (FMCSA policy FAQs, updated October 6, 2026). Border commercial zones are defined in 49 CFR part 372, subpart B. For border towns they range from 3 to 20 miles. The FAQs also name Cameron, Hidalgo, Starr and Willacy Counties and El Paso in Texas, and the New Mexico zones.
Are any drivers excepted from the English rule?
FMCSA's 2014 guidance covers hearing-impaired drivers. The rule should not be read to bar a driver who has an exemption from the hearing standard in 49 CFR 391.41(b)(11) and who can read and write English (79 FR 59139). Such a driver is not put out of service for being unable to speak. FMCSA's enforcement policy does not apply to inspections in Puerto Rico, Guam, the Northern Mariana Islands or American Samoa. Outside those cases, the rule is the same for every driver.
How can a carrier check English proficiency when hiring?
FMCSA's guidance for carriers (May 22, 2025) says a carrier should assess whether a driver can meet the rule, because the carrier may not use an unqualified driver. FMCSA recommends that a manager interview the driver in English. The questions should cover the origin and destination of a recent or planned trip, time on duty and the record of duty status, and the information on the driver's license. They should also cover the information on shipping papers for a load and the vehicle equipment that is inspected. The manager should tell the driver to answer in English and should not use interpreters or apps. The manager should then pick signs from the federal sign manual, and the driver may explain them in any language the manager understands. After the driver passes, the rest of the interview can be in another language. This guidance is not legally binding. The rule itself is.
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Frequently Asked Questions
Do CDL drivers have to speak English?+
Yes, if they drive a commercial motor vehicle in interstate commerce. A driver must read and speak English well enough to talk with the public, understand highway signs and signals in English, respond to official inquiries and make entries on reports and records (49 CFR 391.11(b)(2)).
What is the English proficiency test for truck drivers?+
At a roadside inspection, FMCSA inspectors use two steps. First a driver interview in English. Then, if the driver passed, a check of what highway traffic signs mean (FMCSA policy MC-SEE-2026-0002). A driver who fails the interview skips the sign check.
Can a driver use an interpreter at a roadside inspection?+
Not during the driver interview. Interpreters, I-Speak cards, cue cards, phone apps and telephone interpretation are not used then, because they could hide a driver's inability to communicate in English (FMCSA policy MC-SEE-2026-0002).
What happens if a driver fails the English check?+
The driver is cited under 49 CFR 391.11(b)(2) and put out of service. When warranted, FMCSA may also start a driver qualification proceeding by issuing a letter of disqualification (49 CFR 386.11(a)).
Why is English proficiency being enforced more strictly now?+
Executive Order 14286 of April 28, 2025 told FMCSA to rescind its 2016 guidance and work with CVSA so a violation puts the driver out of service. CVSA voted to do that, effective June 25, 2025 (FMCSA proposed rule, 91 FR 51422).
Is the English proficiency out-of-service rule final?+
The out-of-service condition is in the CVSA criteria that State inspectors use. FMCSA's proposal to write it into the federal regulations was published on August 10, 2026, and comments closed on October 9, 2026. It is not a final rule as of our October 22, 2026 check.
Are drivers near the Mexican border exempt?+
Only when the current trip stays inside a U.S.-Mexico border commercial zone. That driver is cited but not put out of service. A trip that goes outside the zone is out of service (FMCSA policy MC-SEE-2026-0002).
Can you get a CDL if you don't speak English?+
The federal rule decides who may drive in interstate commerce. It does not set the language of your state's CDL tests. Ask your state licensing agency about that. A driver who cannot meet 391.11(b)(2) is not qualified to drive in interstate commerce.
How should a carrier test a new driver's English?+
FMCSA recommends an English interview with a manager covering a recent trip, time on duty, the license, shipping papers and vehicle equipment, followed by a sign check. It says not to use interpreters or apps during the interview. This guidance is voluntary; the rule is binding.
More federal trucking rules
- Hours of Service Rules for Truck Drivers
- ELD Mandate: Who Needs an ELD
- DOT Roadside Inspection Levels Explained
- DOT Drug and Alcohol Testing Rules
- Driver Qualification File Requirements
- DVIR and Vehicle Maintenance Rules
- New Entrant Safety Audit Requirements
- Hours of Service Exceptions and Exemptions
- Motor Carrier Insurance Requirements
- CDL Classes, Endorsements and ELDT Training
- DOT Physical and Medical Card Requirements
- Drug and Alcohol Clearinghouse Requirements
- Cargo Securement Rules for Trucks
- Hazmat Basics for Truck Drivers and Carriers
- USDOT Number and Biennial Update Requirements
- Safety Ratings, Compliance Reviews and DataQs
- Federal Truck Size and Weight Limits
- California Clean Truck Check (HD I/M)
- Truth-in-Leasing Rules for Owner-Operators
- Form 2290 Heavy Highway Vehicle Use Tax
- Truck Driver Phone, Texting and Seat Belt Rules
- Railroad Crossing Rules for Truck Drivers
- Truck Emergency Equipment and Warning Triangle Rules
- Truck Windshield, Dash Cam and Mirror Rules
- CDL Disqualification: Major and Serious Offenses
- Truck Tire Rules: Tread Depth, Retreads and Pressure
- Trailer Reflective Tape (Conspicuity) Rules
- Truck Brake Rules: Pushrod Stroke, Lining Thickness and ABS
- Driver Conduct Rules: Alcohol, Drugs, Fatigue, Passengers and Pre-Trip Checks
- Weigh Station Rules: Who Must Stop and What Happens If You Skip
- Truck Lighting Rules: Required Lamps and Reflectors (49 CFR 393)
- Driver Road Test Rules: The Company Road Test and Certificate (49 CFR 391.31)
Related terms and pages
Sources
- 49 CFR 391.11, General qualifications of drivers (eCFR)
- FMCSA proposed rule, English Language Proficiency; Out of Service Criteria, 91 FR 51422 (Federal Register, Aug. 10, 2026)
- FMCSA ELP guidance, roadside policy MC-SEE-2026-0002 (April 16, 2026)
- FMCSA English Language Proficiency Roadside Enforcement Policy FAQs (updated Oct. 6, 2026)
- FMCSA guidance for motor carriers: assessing English language proficiency (May 22, 2025)
- Executive Order 14286, Enforcing Commonsense Rules of the Road for America's Truck Drivers (Federal Register, May 2, 2025)
- CVSA: ELP out-of-service criteria update
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This is a plain-language summary for reference, not legal advice. Check the official rule text before you rely on any detail. Ask a compliance professional about your own operation.