News & Insights

Federal enforcement of English language proficiency (“ELP”) requirements for commercial drivers has changed significantly over the past year. Although the requirement for commercial drivers to be proficient in English is longstanding under applicable Federal Motor Carrier Safety Administration (“FMCSA”) driver qualification regulations, recent FMCSA enforcement guidance provides that drivers who fail ELP can be placed out-of-service during a covered roadside inspection. Now, FMCSA is proposing to place that consequence directly into the Federal Motor Carrier Safety Regulations (“FMCSRs”). For school bus contractors, the important question is therefore not whether ELP is a new requirement, but what this stronger enforcement and newly proposed rule means for covered operations and how contractors can prepare their drivers.

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