Analyzing the Legal and Compliance Implications of President Trump's April 2025 Executive Order on Trucking English Proficiency and FMCSA Enforcement

WASHINGTON, D.C. / SAN JUAN, PUERTO RICO – The efficient and safe operation of commercial motor vehicles is fundamental to interstate commerce and national security. On April 28, 2025, President Donald J. Trump issued an Executive Order titled "Enforcing Commonsense Rules of the Road for America’s Truck Drivers," directing federal agencies to enhance the enforcement of specific safety regulations within the trucking industry, most notably the requirement for commercial motor vehicle (CMV) operators to be proficient in the English language. This directive necessitates careful review by trucking companies and the businesses that depend upon their services, as it carries significant legal and compliance implications.

The Regulatory Foundation: 49 C.F.R. § 391.11(b)(2)

It's important to note that the Executive Order does not establish a novel legal requirement concerning English language proficiency. Rather, it mandates a renewed and rigorous enforcement of an existing federal regulation. The Federal Motor Carrier Safety Administration (FMCSA) regulation, codified at 49 C.F.R. § 391.11(b)(2), stipulates that a driver is qualified to operate a CMV only if that individual 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."

1. The Executive Order articulates a concern that this pre-existing safety standard has purportedly not been consistently enforced in recent years, thereby potentially impacting roadway safety. The Order unequivocally directs that the Administration will now ensure compliance with this statutory and regulatory requirement. Mandated Actions Under the Executive Order:The EO directs several specific actions to be undertaken promptly by the Secretary of Transportation, acting through the FMCSA Administrator. These directives are legally significant as they alter the landscape of enforcement and compliance assessment:

1. Rescission of Prior Guidance: Within 60 days of the Order's issuance (by late June 2025), the FMCSA is mandated to formally rescind a specific guidance document issued in June 2016 (MC-ECE-2016-006). The rescission of this prior policy suggests a potential shift towards a more stringent interpretation or application of the underlying 49 C.F.R. § 391.11(b)(2) requirement.

2. Promulgation of New Inspection Guidance: Concurrently with the rescission, FMCSA must issue new guidance to its enforcement personnel outlining revised inspection procedures designed to ensure affirmative compliance with the English language proficiency standard found in 49 C.F.R. § 391.11(b)(2). This new guidance will dictate how proficiency will be assessed during roadside inspections and compliance reviews.

3. Revision of Out-of-Service Criteria: A particularly impactful directive mandates the revision of the Out-of Service Criteria (OOS). The Order requires that these criteria be amended to explicitly state that a violation of the English language proficiency requirement shall result in the driver being placed out-of-service. This elevates non-compliance from a mere violation to an immediate operational prohibition.

4. Enhancement of CDL Security Protocols: The EO further directs FMCSA to review non-domiciled Commercial Driver’s Licenses (CDLs) for irregularities and to evaluate and improve existing protocols for verifying the authenticity and validity of both domestic and international driving credentials.

While the Order also includes a broader directive for the Secretary of Transportation to identify additional actions to improve the working conditions of truck drivers, the concrete legal and regulatory mandates specified within the EO itself primarily pertain to the enforcement of driver qualifications and credentialing. Legal and Compliance Implications for Businesses:This Executive Order signals a clear federal priority: expect stricter enforcement of the English language proficiency rule for CMV drivers very soon.

• Context for Puerto Rico: While Puerto Rico is part of the United States of America, it is well known that English is not the main language for many Puerto Ricans. The enhanced enforcement of a federal rule requiring English language proficiency for CMV operators presents unique considerations for drivers based on theisland and trucking companies or businesses operating on or serving routes to and from Puerto Rico.

• For Trucking Companies (Carriers): The immediate consequence is heightened exposure to Out-of-Service violations if drivers are found to lack sufficient English language proficiency as determined by the forthcoming FMCSA guidance and revised OOS criteria. Carriers must undertake rigorous due diligence to verify and document the English language proficiency of all CMV operators consistent with 49 C.F.R. § 391.11(b)(2) and the new enforcement standards. Compliance programs should be reviewed and potentially updated to reflect this intensified focus. Failure to ensure driver compliance exposes carriers to operational disruption, significant penalties, and potential liability.

• For Businesses Utilizing Trucking Services (Shippers, Logistics Providers, etc.): While the direct compliance obligations under 49 C.F.R. Part 391 rest with the carriers, businesses that contract for transportation service have an interest in ensuring the compliance of their carriers to maintain supply chain integrity and mitigate indirect risk. Disruptions resulting from carrier OOS violations can lead to delays and increased costs. It is prudent for businesses to confirm that their transportation partners have robust FMCSA compliance protocols in place, including verification of driver English language proficiency.

Navigating FMCSA regulations, ensuring adherence to federal regulatory compliance standards, and mitigating the legal implications of intensified transportation safety enforcement requires informed legal counsel. This Executive Order underscores the importance of proactive compliance management in the dynamic regulatory landscape affecting interstate commerce and supply chains. We will monitor how this rule will unfold on the island.

Seeking Legal Counsel on FMCSA Compliance and Transportation Law? The renewed federal emphasis on enforcing CMV driver qualification standards, particularly the English language proficiency rule under 49 C.F.R. § 391.11(b)(2) and the revision of Out-of-Service criteria, necessitates careful attention from trucking companies and businesses involved in logistics. Understanding these FMCSA regulations and ensuring robust regulatory compliance are critical to avoiding operational disruptions and potential penalties. Our team provides comprehensive legal counsel on federal regulatory compliance, transportation law, and matters impacting supply chains and logistics. We assist carriers and businesses in understanding the legal implications of regulatory changes, assessing and enhancing FMCSA compliance programs, and navigating enforcement actions. Leveraging our presence in Washington, D.C. and San Juan, Puerto Rico, we are uniquely positioned to advise clients on federal regulatory matters impacting operations across jurisdictions, including the specific application of this rule on the island. Click here to learn more about recent involvement in transportation law matters. Schedule a Consultation with MZLS today to discuss the specific implications of this Executive Order for your operations, review your FMCSA compliance under the new enforcement directives, or seek guidance on transportation law and regulatory matters.

Disclaimer: This blog article provides general legal information and analysis based on the Executive Order "Enforcing Commonsense Rules of the Road for America’s Truck Drivers" issued on April 28, 2025, and related federal regulations, including 49 C.F.R. § 391.11(b)(2) and FMCSA guidance and Out-of-Service Criteria. Transportation law, FMCSA regulations, and federal regulatory compliance are complex and subject to specific rules, agency interpretations, and enforcement discretion. This information should not be considered definitive legal advice. Businesses and carriers should consult with qualified legal counsel for advice specific to their operations and compliance requirements. MZLS provides comprehensive legal counsel on federal regulatory compliance, transportation law, and matters impacting supply chains and logistics.

About MZLS LLC:Established in 2019, MZLS LLC is a full-service law firm with offices in San Juan, Puerto Rico and Washington D.C. We provide comprehensive legal counsel for doing business in Puerto Rico and handling federal matters, including regulatory compliance, transportation law, and matters impacting supply chains and logistics. Our firm assists trucking companies and businesses across various sectors in navigating complex federal regulations, ensuring FMCSA compliance, and mitigating legal implications of regulatory changes.