Lawmaker Asks DOT to Reverse Obama-Era English Proficiency Memo
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Citing concerns for highway safety, a federal lawmaker from Wyoming is asking the U.S. Department of Transportation to require that commercial truck drivers who cannot demonstrate proficiency with speaking and reading English be taken out of service in roadside inspections.
The move would mark a reversal of an Obama-era directive that said the Federal Motor Carrier Safety Administration was not required to automatically place out of service a driver who could not read English-language highway signs or speak the language.
U.S. Rep. Harriet Hageman (R) in an April 10 letter asked Transportation Secretary Sean Duffy to rescind a 2016 memo that effectively halted enforcement of an FMCSA regulation that requires that commercial driver license holders be able to read and speak English sufficiently to converse with the general public, understand English highway traffic signs and signals, respond to official inquiries, and make entries into reports and records.
Hageman said the memo “terminated the requirement for FMCSA inspectors to place CMV drivers out of service for ELP [English-language proficiency] violations when conducting safety investigations.” She continued, “Formal driver interviews to confirm ELP would also no longer be conducted during roadside inspections. Lastly, the guidance states that ‘If the driver cannot read, write or speak English but can communicate sufficiently with the inspector/investigator, they should not be cited with an ELP violation.’ Tools to facilitate communications, including interpreters, cue cards, smartphone applications, etc. may be used when interacting with drivers.”
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“With all this in mind,” Hageman continued, “it is simply unfathomable how such a mandate would safeguard American motorists in any capacity.”
Hageman noted her home state has seen a consistent rise in fatal truck crashes since 2016.
“In a state like Wyoming and across the intermountain West, it should be absolutely critical that CMV drivers retain the ability to read and communicate in English to understand signage and safely navigate the unpredictable and hazardous conditions that are simply a factor of life and afflict every corner of my state,” Hageman said.
Wyoming Highway Patrol Sgt. Jason Roascio noted officers listed 410 cases of truckers unable to communicate proficiently in English as violations during commercial vehicle inspections in fiscal 2024.
“Federal law requires all CMV drivers to demonstrate English proficiency, and it’s imperative that any regulation on the books is evenly enforced,” said Dan Horvath, ’ senior vice president of safety policy and regulatory affairs. “That’s why we’ve called on FMCSA to provide an updated memorandum to ensure consistent enforcement of the English proficiency standard. ATA will work with lawmakers on Capitol Hill to ensure the enforcement community receives clear guidance on this provision and any other affecting highway safety.”
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has also asked Duffy to address uneven enforcement of the English proficiency standard. In a letter, Spear urged FMCSA to “immediately provide an updated enforcement memorandum to ensure that this provision is enforced consistently during roadside inspections and on-site reviews.”
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Kevin Hawley, president and CEO of the , said, “Many of our members have expressed frustration and concern over safety issues involving drivers who lack English proficiency — particularly those who are unable to read highway signs or communicate effectively during inspections or emergencies. These concerns are not rooted in bias or racism, but in a strong, shared commitment to safety.”
Hawley said there is broad support among his membership to rescind the 2016 memo.
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“While we do not have a direct dataset linking non-English proficiency to crash reports, our members have shared repeated situations where communication barriers likely contributed to unsafe or costly outcomes — on the road, at truck stops and in their own yards,” he said. “That’s why we, as an association, are currently having in-depth conversations regarding the existing federal regulation requiring drivers to be able to read and speak English. That said, we also recognize the complexity of the issue. A sudden policy shift could have ripple effects on the supply chain. If safety is truly our priority, then we need to continue this conversation with care and urgency.”
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He pointed specifically to the state’s unpredictable weather. He said a recent University of Wyoming study found that 90% of truck-related crashes on Interstate 80 in the state involve non-Wyoming drivers, with 78% happening in bad weather.
“Driving conditions throughout the Rocky Mountain region can change in an instant,” he said. “We regularly experience whiteout blizzards, black ice, steep grades and extreme wind events. It’s not uncommon for highways to be closed entirely or to impose restrictions that require specific safety responses, like chaining up.”
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Hawley added, “Drivers who are unfamiliar with these challenges — or who can’t read the signs instructing them what to do — are at a distinct disadvantage and pose an increased risk to themselves and others.”
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