Premier legal representation for parking and moving violations

Recent headlines regarding President Trump’s Executive Order on “Enforcing Commonsense Rules of the Road for America’s Truck Drivers” have generated significant questions throughout the trucking industry and among media outlets. Many stakeholders are uncertain whether new driver qualification requirements have been established under the Federal Motor Carrier Safety Regulations (FMCSRs). This client advisory provides clarity on the regulatory enforcement implications for trucking companies and their drivers.
President Trump’s Executive Order “Enforcing Commonsense Rules of the Road for America’s Truck Drivers,” signed on April 28, 2025, does not create new English language requirements for commercial truck drivers but instead strengthens enforcement of existing federal regulations. The order directs the Department of Transportation to rescind Obama-era guidance that watered down enforcement of longstanding English proficiency requirements and mandates revising out-of-service criteria to ensure drivers violating these rules are placed out-of-service. Federal law already requires commercial vehicle drivers to “read and speak the English language sufficiently to converse with the general public, to understand highway traffic signs and signals in the English language, to respond to official inquiries, and to make entries on reports and records.”
The Executive Order addresses what the administration views as inadequate enforcement of these safety requirements in recent years. In 2016, the Obama Administration directed inspectors not to place commercial motor vehicle drivers out-of-service for violations of English language proficiency requirements, which the current administration argues has compromised road safety. The order requires new guidance to be issued within 60 days and directs a review of non-domiciled commercial driver’s licenses to identify irregularities in state licensing practices.
The Executive Order does not modify existing FMCSRs. Current regulations under 49 CFR § 391.11 already require motor carriers to ensure drivers meet established qualification standards. Among these requirements is the mandate that drivers must possess the ability to “read and speak the English language sufficiently to converse with the general public, to understand highway traffic signs and signals in the English language, to respond to official inquiries, and to make entries on reports and records” per 49 CFR § 391.11(b)(2).
The Executive Order explicitly acknowledges this existing requirement remains unchanged. Rather than establishing new standards, it addresses what the administration views as inadequate federal enforcement of current regulations. The White House contends that insufficient enforcement has compromised road safety.
To remedy this perceived enforcement deficiency, the Executive Order directs the Federal Motor Carrier Safety Administration (FMCSA) within the U.S. Department of Transportation to implement enhanced enforcement measures for the existing English language proficiency requirement. Additionally, the order mandates DOT to withdraw its 2016 guidance that limited enforcement of this provision and replace it with new procedural guidance for FMCSA and law enforcement personnel. The Secretary of Transportation receives authority to ensure that English language proficiency violations result in drivers being placed out-of-service and to examine non-domiciled commercial driver’s licenses issued by state agencies.
FMCSA must publish new interpretive guidance for Section 391.11 by June 27, 2025, establishing a sixty-day deadline from the Executive Order. The Commercial Vehicle Safety Alliance has already responded proactively to these developments. CVSA, a nonprofit coalition of commercial motor vehicle safety officials and industry stakeholders from local, state, provincial, territorial, and federal levels, made a significant policy change on May 1, 2025. The organization’s board of directors voted to incorporate violations of 49 CFR § 391.11(b)(2) into CVSA’s “North American Standard Out-of-Service Criteria,” effective June 25, 2025. These standardized criteria guide certified inspectors nationwide when making critical “pass-fail” determinations that result in out-of-service orders during roadside inspections.
This shift toward stricter enforcement will likely generate more frequent out-of-service orders for English proficiency violations, marking a departure from the citation-based approach that has predominated recently. Out-of-service orders create immediate operational disruptions for both drivers and motor carriers, potentially causing significant business interruptions. The ripple effects extend beyond individual operators to affect shippers, brokers, and other commercial service users who may experience load-by-load service disruptions when their providers fail compliance checks.
The administration’s directive is unmistakable: motor carriers and drivers should prepare for heightened scrutiny of driver qualification documentation in the months ahead. Trucking companies must immediately audit their driver qualification procedures, compliance policies, and recordkeeping systems to verify that all personnel satisfy these requirements and can withstand more rigorous enforcement standards.
Fields marked with an * are required
"*" indicates required fields


30 Wall Street
8th Floor
New York, NY 10005
14 Harwood Court
Suite 415
Scarsdale, NY 10583
Phone: 212-634-2843
Fax: 212-504-3217
© Copyright 2025 The Law Office of Mindy Paget Brill. All rights reserved.