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 proposi...
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