Building an ELP Compliance Policy for Your Fleet

Section 1: Policy Statement

[Company Name] is committed to operating in full compliance with federal motor carrier safety regulations, including 49 CFR 391.11(b)(2), which requires that drivers can sufficiently read and speak the English language to:

1. Read and understand highway traffic signs and signals
2. Respond to official inquiries
3. Make entries on reports and records
4. Present information in a clear manner

This policy establishes procedures for verifying English Language Proficiency (ELP) for all drivers operating under our DOT authority.

Section 2: Scope

This policy applies to:

• All company drivers (W-2 employees)
• All owner-operators and independent contractors leased to [Company Name]
• All temporary or seasonal drivers
• Any individual operating a commercial motor vehicle under our DOT number

No exceptions will be made regardless of driver experience, tenure, or employment status.

Section 3: Pre-Employment Assessment

All driver candidates must complete an ELP assessment as part of the pre-employment process. This assessment will occur:

• Timing: After conditional offer of employment, before driver begins operating
• Method: [Describe your assessment method: e.g., "Voice-based assessment via ELPReady platform" or "Standardized interview conducted by Safety Manager"]
• Documentation: Assessment results will be recorded and placed in the Driver Qualification File

Drivers who do not pass the ELP assessment will not be permitted to operate under our authority until proficiency is demonstrated through reassessment.

Section 4: Assessment Components

Our ELP assessment evaluates:

Part A: Conversational Ability

• Understanding and responding to common questions about origin, destination, cargo
• Describing pre-trip inspection procedures
• Responding to hypothetical safety scenarios
• Communicating clearly enough to be understood by native English speakers

Part B: Sign Recognition

• Identifying common road signs (STOP, YIELD, WRONG WAY, NO TRUCKS, etc.)
• Explaining the meaning and required driver action for each sign
• Demonstrating understanding beyond simple recognition

Section 5: Passing Standard

To pass the ELP assessment, a driver must:

• Demonstrate comprehension of all questions asked
• Provide relevant, appropriate responses (not just "yes" or "okay")
• Correctly identify and explain at least [X] of [Y] road signs presented
• Communicate clearly enough to be readily understood

The assessment is pass/fail. There is no numerical score threshold.

Section 6: Failed Assessment Procedure

If a driver candidate does not pass the initial assessment:

1. They will be informed of the result and the regulatory requirement
2. They may request a reassessment after [time period, e.g., "14 days"]
3. They may be provided with resources for improving English proficiency
4. If they do not pass reassessment, they will not be hired for a driving position

All assessment attempts will be documented in the Driver Qualification File.

Section 7: Periodic Reassessment

[Choose one or customize:]

Option A: All drivers will be reassessed annually as part of their qualification file review.

Option B: Drivers will be reassessed every [time period] or following any ELP-related concern raised during inspections.

Option C: Reassessment is conducted only when concerns arise from supervisors, inspections, or incidents.

Section 8: Documentation Requirements

The following will be maintained in each driver's qualification file:

• Initial ELP assessment date and result
• Method of assessment used
• Name of person who administered assessment
• Any reassessment records
• Notes on sign recognition performance
• Any remediation or training provided

Records will be retained for the duration of employment plus [3 years per 391.51].

Section 9: Responsibility

Safety Department: Responsible for administering assessments, maintaining records, and ensuring policy compliance.

Human Resources: Responsible for including ELP in job postings and offer letters.

Operations: Responsible for not dispatching any driver who has not passed ELP assessment.

Drivers: Responsible for participating honestly in assessments and reporting any changes affecting their ability to communicate in English.

Section 10: Non-Discrimination

This policy is applied consistently to all drivers regardless of national origin, native language, race, ethnicity, or any other protected characteristic. The assessment evaluates functional communication ability as required by federal safety regulations, not accent, grammar, or language background.

All candidates will use the same assessment process and be evaluated against the same standards.

Section 11: Policy Acknowledgment

All drivers must acknowledge receipt and understanding of this policy. The signed acknowledgment will be maintained in the driver qualification file.

Acknowledgment language:

"I have received and read the [Company Name] English Language Proficiency Policy. I understand that ELP assessment is a requirement for operating under company authority, and I agree to participate in assessments as required."