ELP: DOL Explains Hiring Rules for Foreign Truck Drivers

Department of Labor Clarifies English Language Proficiency (ELP) Rules for CMV Hiring

The U.S. Department of Labor is expanding ELP requirements for employers seeking to hire foreign truck drivers through temporary and permanent labor certification programs. The new guidance was released on May 14, 2026, by the Department of Labor’s Office of Foreign Labor Certification. The agency said employers hiring foreign drivers for interstate commercial motor vehicle operations must now include specific English Language Proficiency standards in job orders and labor certification applications.

ELP Standards Must Be Included in Applications

According to the guidance, employers filing labor certification requests for foreign drivers must clearly state that the drivers must meet the federal standards under 49 C.F.R. § 391.11(b)(2).

Federal regulations require CMV drivers to:

• Read and speak English sufficiently
• Understand highway signs and signals
• Respond to official questions
• Complete reports and records in English

The Department of Labor stated that employers who fail to include the required language in applications could receive notices of deficiency or denials.

The new requirement is scheduled to take effect on June 15, 2026.

FMCSA Enforcement Policy Remains in Effect

The guidance also references enforcement policies issued by the FMCSA in May 2025.

Under that policy, drivers who fail ELP assessments can be cited and placed out of service unless they qualify for a limited border-zone exception near the U.S.-Mexico border.

The FMCSA policy also states that drivers should not use interpreters, smartphone translation apps, cue cards, or similar communication tools during assessments. Federal officials said those tools could hide a driver’s inability to communicate in English.

Guidance Applies Beyond CDL Requirements

The Department of Labor explained that ELP requirements may still apply even when certain CDL exemptions exist.

According to the guidance, some agricultural or exempt drivers may not need a CDL under FMCSA regulations, but they could still be required to meet driver qualification standards under 49 C.F.R. Part 391, including English proficiency rules.

Federal officials also reminded employers that CMV drivers operating in interstate commerce must meet several federal qualifications, including:

• Being at least 21 years old
• Holding a valid license
• Passing driver qualification standards
• Safely operating a commercial vehicle

Employers May Add Additional ELP Screening

The guidance states that employers may choose to use additional screening methods to evaluate ELP skills for foreign driver applicants.

Examples listed in the document include testing whether drivers can answer questions in English about:

• Hours-of-service rules
• Logbooks
• Shipping documents
• CDL information
• Highway signs
• Vehicle inspections

The Department of Labor also noted that employers may reference highway signs from the Federal Highway Administration’s Manual on Uniform Traffic Control Devices during the screening process.

Trucking Industry Continues Watching ELP Policies

ELP enforcement has become a major topic in the trucking industry during the past year.

Supporters of stricter enforcement say drivers should be able to communicate with enforcement officers, understand road signs, and safely complete inspections in English. Others have raised concerns about how tighter ELP enforcement could affect hiring and driver availability across the trucking industry.

The Department of Labor’s latest guidance adds another federal requirement tied to standards for commercial drivers operating in interstate commerce.