This article* by Brad Klepper was originally posted in the Ask the Attorney Column, The Trucker, December, 2025. Got questions about this topic? The CDL attorneys at Drivers Legal Plan® can help!
If you are a fleet safety director or a professional driver in late 2025, you might feel like you’re suffering from regulatory whiplash. In the span of just six months, the trucking industry has been hit with Executive Orders, “Interim Final Rules,” emergency court stays, and conflicting guidance regarding who is legally allowed to sit behind the wheel of a Class 8 truck.
The confusion is understandable. We are currently navigating two distinct but overlapping storms: a crackdown on English language proficiency and a separate, volatile attempt to restrict Non-Domiciled CDLs.
So, the question was presented: “Can my drivers still work?”
The answer is yes — but with a massive asterisk. You must understand the critical difference between the rule that is active and enforceable right now and the rule that is currently paused by a federal court. Confusing the two could either leave you parking a legal driver unnecessarily or, far worse, dispatching a driver who is a walking liability.
Issue #1: The “English Rule” (Active & Enforced)
Let’s start with the rule that is biting carriers today.
Federal regulation 49 CFR § 391.11(b)(2) has long required that a commercial driver must “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.”
For decades, this was a “soft” rule. Violations were rare and usually resulted in a citation, not a shutdown. That changed on June 25, 2025.
On that date, following an Executive Order, the Commercial Vehicle Safety Alliance (CVSA) updated its North American Standard Out-of-Service (OOS) Criteria. Non-compliance with the English proficiency requirement is no longer just a ticket; it is a Driver Out-of-Service condition.
If a driver is pulled over for a routine inspection in Iowa or Texas today, the officer will likely begin with a “conversational interview.” They aren’t asking for a dissertation on Shakespeare; they are asking standard questions: “Where is your bill of lading?” “How many hours have you driven today?” “Show me your fire extinguisher.”
If the driver cannot understand these questions or respond intelligibly, the officer has the authority to place that driver Out-of-Service immediately. The truck is then effectively bricked on the side of the road until a replacement driver arrives to take the keys.
Here is the most critical warning for drivers: Translation apps are forbidden during this assessment. We have heard of drivers attempting to use Google Translate or live interpretation apps to communicate with DOT officers. Under the new enforcement guidance, reliance on a digital tool to communicate basic safety information is grounds for failure. You cannot hold up a phone to read a “Low Bridge” sign at 65 mph, and the DOT argues you shouldn’t use one to talk to an officer, either.
Issue #2: The Non-Domiciled CDL “Ban” (Currently Paused)
While the English rule is active, the situation regarding Non-Domiciled CDLs is entirely different.
On September 29, 2025, the FMCSA issued an “Interim Final Rule” that sent shockwaves through the industry. The rule attempted to strip Non-Domiciled CDL eligibility from tens of thousands of drivers by limiting these licenses only to holders of specific visas (H-2A, H-2B, and E-2).
However, on November 13, 2025, the U.S. Court of Appeals for the D.C. Circuit issued an administrative stay.
What Does “Stay” Mean? In plain English: The rule is paused. It is frozen in time. As of today, the strict “Visa-Only” restriction is NOT in effect. States are legally permitted to revert to the issuance standards they used before September 29.
If you employ drivers with DACA status or asylum claims, you do not need to fire them today based on this rule. Their Non-Domiciled CDLs remain valid, provided the state DMV has not taken independent action. However, this is a temporary reprieve. If the court lifts the stay, those drivers could become disqualified overnight. You must watch the legal docket like a hawk.
The Hidden Liability: Negligent Entrustment
Why does this matter to a carrier’s bottom line? Beyond the cost of a tow truck, the real threat may be a lawsuit.
Imagine you dispatch a driver who struggles with English. They miss a “Steep Grade” sign and rear-end a passenger vehicle. During the investigation, it is revealed that the driver was placed Out-of-Service for an English violation two weeks prior, yet you sent them back out without remedial training.
A plaintiff attorney may use this to build a case for Negligent Entrustment. They may argue that you, the motor carrier, entrusted a lethal weapon (an 80,000-lb truck) to a driver you knew or should have known was unqualified under 49 CFR § 391.11. In the current legal climate of “nuclear verdicts,” this is an indefensible position.
Your Compliance Checklist
To navigate this regulatory minefield, take these four steps immediately:
- Conduct “Mock” Inspections: Do not rubber-stamp the English requirement during orientation. Have your safety director conduct a verbal interview with every driver in English, without assistance. If they struggle, they aren’t ready for the road.
- Ban the Apps: Explicitly train your drivers that using a translation app during a DOT inspection is a fast track to an Out-of-Service order.
- Audit Work Authorizations: While the Non-Domiciled rule is stayed, verify that every non-citizen driver has a current, unexpired Employment Authorization Document (EAD) on file. The court stay protects their category of status, but it does not protect an expired card.
- Prepare a Contingency: The November 13th stay is temporary. Have a plan in place for your Non-Domiciled drivers if the strict rule returns.
*The contents of this article are intended to convey general information only and not to provide legal advice or opinions. The contents of this article should not be construed as and should not be relied upon for legal advice in any particular circumstance or fact situation. The information presented on this website may not reflect the most current legal developments. No action should be taken in reliance on the information contained in this article, and we disclaim all liability in respect to actions taken or not taken based on any or all of the contents of this site to the fullest extent permitted by law. An attorney should be contacted for advice on specific legal issues.