CVSA asks FMCSA to release non-redacted English Language Proficiency enforcement memo
The Commercial Vehicle Safety Alliance (CVSA) has formally requested that federal authorities release a non-redacted version of the enforcement guidance document related to evaluating a commercial vehicle driver’s compliance with the English Language Proficiency (ELP) requirements.
In a November 6, 2025, letter to Federal Motor Carrier Safety Administration (FMCSA) Administrator Derek Barrs, the CVSA asked for the public release of the full version of the FMCSA Enforcement Policy: English Language Proficiency guidance document.
The CVSA received the document on May 20, 2025, in a non-redacted form, and from there it was shared with commercial motor vehicle enforcement personnel.
The purpose of the document is to provide guidance to enforcement officers on the procedures that should be used to determine if a driver meets ELP requirements while they conduct inspections.
The memo recommended a two step ELP assessment process to be carried out during inspections that includes:
- Driver interview (to be conducted in English)
- Highway traffic sign recognition assessment
A redacted version was shared with trucking industry stakeholders and the public at large.
“CVSA is requesting that the agency make the non-redacted version of the enforcement guidance document available publicly. Doing so will improve transparency and better inform the motor carrier community of how to ensure their drivers comply with the English language proficiency requirements in 49 CFR § 391.11(b)(2). Releasing the non-redacted version of the enforcement guidance document would have a positive impact on compliance and roadway safety by providing the motor carrier community with the information they need to understand the regulations and how compliance is defined. It will also help enforcement to educate and provide guidance to drivers and motor carriers when questions arise,” the agency wrote.
The CVSA reported receiving feedback from motor carriers about the need for more specific information on how ELP rules were to be enforced so that they can ensure that the drivers that they hire are compliant.
From the letter:
“While it is appropriate at times to redact specific information in an enforcement plan – such as times or locations of targeted enforcement activities – the bar against which compliance will be measured should not be withheld from the motor carrier industry. CVSA has heard frequently from our colleagues in the motor carrier industry that they need to know how enforcement is evaluating compliance with the English language proficiency requirements in 49 CFR § 391.11(b)(2) so they can apply that same standard to their drivers and can properly design their own compliance, onboarding and training programs for drivers to meet the standard.“
The CVSA also argues that the non-redacted version of the memo should be released to “help avoid misinformation from circulating, preventing false or inaccurate versions from circulating and further undermining the motor carrier industry’s understanding of this regulatory requirement.”
In June 2025, the FMCSA released guidance for motor carriers on assessing a commercial vehicle driver’s language skills to supplement the ELP enforcement memo.
