What is 49 CFR 391.11(b)(2)? The ELP Requirement Explained

If you operate a motor carrier in the United States, you've probably heard about the English Language Proficiency (ELP) requirement. But what does the actual regulation say? And more importantly, what does it mean for your fleet?

Let's break it down.

The Regulation: Word for Word

Here's what 49 CFR § 391.11(b)(2) actually says:

That's it. One sentence. But that sentence has significant implications.

Breaking Down the Four Requirements

The regulation establishes four specific English proficiency requirements:

1. Converse with the General Public

Drivers must be able to communicate effectively with people they encounter on the job: shippers, receivers, customers, law enforcement, emergency responders. This isn't about accent or perfect grammar—it's about functional communication.

2. Understand Highway Traffic Signs and Signals

US road signs use English text. "WRONG WAY," "DO NOT ENTER," "WEIGHT LIMIT 10 TONS," "BRIDGE ICES BEFORE ROAD." A driver must understand these instantly, not puzzle them out.

3. Respond to Official Inquiries

When a DOT inspector, police officer, or other official asks questions, the driver must be able to understand and respond. "Where are you coming from?" "What's in your trailer?" "When did you last sleep?"

4. Make Entries on Reports and Records

This includes logs, inspection reports, accident reports, and delivery documentation. The driver must be able to read forms and complete them accurately in English.

What "Sufficiently" Means

The key word in the regulation is "sufficiently." This is deliberately flexible. The regulation doesn't require:

• Native-level English fluency
• Perfect pronunciation
• No accent
• Advanced vocabulary
• Perfect grammar

What it does require is functional ability. Can the driver do the job safely? Can they communicate when it matters? Can they understand critical information?

The standard is practical, not academic. A driver who speaks heavily accented but understandable English and can clearly explain sign meanings meets the requirement. A driver who cannot understand basic questions does not.

This Isn't a New Regulation

One common misconception: this is new. It's not.

49 CFR § 391.11(b)(2) has been on the books for decades. What changed in 2025 was enforcement. FMCSA directed inspectors to actively assess English proficiency during roadside inspections, and provided training and protocols for doing so.

The regulation didn't change. The consequences of non-compliance did.

Motor Carrier Responsibility

Here's the part that matters for fleet operators: you are responsible for employing qualified drivers.

Under 49 CFR § 391.11, a person who cannot meet the English proficiency requirement is not qualified to drive a CMV. If you employ an unqualified driver and they're stopped, both the driver and the carrier face consequences:

• Driver violations affect your CSA scores
• Pattern violations can trigger audits
• In serious cases, carriers can face fines for knowingly employing unqualified drivers

How Inspectors Test ELP

There's no written test at roadside. Inspectors assess ELP through:

1. Conversation: Asking basic questions and evaluating the driver's comprehension and responses
2. Sign Recognition: Showing common road signs and asking the driver to explain their meaning
3. Document Review: Asking the driver to read portions of their log or other documents

If an inspector determines a driver cannot communicate effectively or doesn't understand basic sign meanings, they can issue an ELP violation. In serious cases, this results in an out-of-service order.

What This Means for Your Fleet

Practical steps to stay compliant:

1. Assess Before You Hire: Include ELP screening in your onboarding process. It's not discrimination—it's verifying the candidate meets a regulatory requirement.
2. Assess Current Drivers: If you haven't evaluated your existing drivers' English proficiency, you may have unknown compliance risks.
3. Document Everything: Keep records of ELP assessments. If a driver is questioned, documentation shows you've done your due diligence.
4. Provide Resources: For drivers who need improvement, consider offering English training resources.

Key Takeaways

• 49 CFR § 391.11(b)(2) requires CMV drivers to demonstrate "sufficient" English proficiency
• The standard is functional, not academic—it's about safe communication
• The regulation has existed for decades; what's new is enforcement
• Motor carriers are responsible for employing qualified drivers
• Proactive assessment and documentation protects your fleet