TRENTON, NJ – Truck drivers unable to speak or read English are facing increasing fines and legal penalties under a longstanding federal rule—sparking backlash from progressive groups who argue the law is outdated and discriminatory, while federal authorities say they are simply enforcing regulations first introduced in 1936 to protect public safety.
It’s happening all over, possibly even in New York, New Jersey, and Pennsylvania along the I-95 corridor, but no confirmed reports in our area have been reported.
The Federal Motor Carrier Safety Regulations (FMCSRs) require that all commercial motor vehicle (CMV) drivers operating in interstate commerce “can 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.”
Federal enforcement of the English-language requirement has recently drawn renewed scrutiny, with civil rights advocates calling it unjust for penalizing immigrants who otherwise meet all safety and licensure standards. But the Federal Motor Carrier Safety Administration (FMCSA) maintains that the rule, rooted in safety concerns, is legally mandated and essential for effective communication during highway emergencies and regulatory stops.
The rule, which dates back to the Interstate Commerce Commission’s original Motor Carrier Safety Regulations, has undergone amendments over the decades—most notably in 1939, when exemptions for drivers already on the road were eliminated. Since then, all drivers in interstate commerce have been required to demonstrate English proficiency.
The FMCSA clarified in recent guidance that the English-language rule should not be interpreted to exclude hearing-impaired drivers who do not speak, as long as they can read and write in English and meet all other qualifications. The agency has granted dozens of exemptions to such individuals under a statutory authority that allows waivers if safety standards are still met.
However, these exemptions do not apply to drivers who cannot read or speak English at all. In such cases, state licensing agencies and federal inspectors have cited drivers, sometimes leading to revoked certifications or costly penalties.
Under current law, FMCSA regulations preempt conflicting state laws and are enforced uniformly across all states. While the agency has defended its authority under 49 U.S.C. §§ 31136 and 31133, critics argue that the regulation disproportionately affects non-native speakers and could be reformed to reflect modern multilingual realities.
——
Key Points
- FMCSA enforces an English-language requirement for interstate truck drivers under a rule dating back to 1936
- Drivers must be able to read and speak English to comply with federal safety regulations
- Exemptions are granted for hearing-impaired drivers who can read and write English, but not for those lacking English proficiency
A nearly century-old rule is putting non-English-speaking truckers in the crosshairs of federal enforcement.
