Truck driver English requirement enforcement, state by state
The April 28, 2025 executive order put the federal English rule back on the roadside. Since then, several states have gone further, with fines of their own, impoundment, and English-only CDL tests. Here is where enforcement stands, checked October 19, 2026.
State enforcement in numbers
English requirement enforcement for truck drivers is now national: since June 25, 2025, a driver who fails 49 CFR 391.11(b)(2) is placed out of service in every state, and FMCSA withheld $40.7 million from California until it complied. Several states go further, with their own fines for drivers and carriers, impoundment, and English-only CDL tests.
We first published this page the day after the executive order, when the open question was whether enforcement would really change. It did. The federal standard and the two-step roadside check are covered in our English proficiency requirement FAQ, and the common misunderstandings in our myths vs facts guide.
This page covers what those don't: how the states enforce the rule, which ones have added penalties of their own, and what that means for a carrier whose trucks cross state lines.
The full briefing, read aloud
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Key takeaways
The order restored enforcement, not a new rule
Executive Order 14286 of April 28, 2025 told FMCSA to enforce 49 CFR 391.11(b)(2) with out-of-service orders. Roadside out-of-service enforcement began June 25, 2025.
States can't opt out
Every state takes FMCSA safety grants and must enforce compatible rules. California lost $40.7 million in October 2025 and, according to DOT, began enforcing in January 2026.
Some states fine the carrier too
Oklahoma charges the carrier $3,000 per violation, Alabama up to $2,000 and then $4,000, and Iowa $10,000 for each non-proficient driver it uses.
Impoundment is on the books
Alabama can impound the truck from October 1, 2026. Oklahoma releases it only after the fine is paid and a qualified driver arrives.
CDL tests are moving to English
Texas has given knowledge tests only in English since June 1, 2026. California, South Dakota, and Iowa have built English checks into licensing.
In this articleContents
What did the April 28, 2025 executive order change?
Executive Order 14286, signed April 28, 2025, didn't create a new rule. It told FMCSA to enforce the one it had: within 60 days, rescind its 2016 English proficiency enforcement policy, issue new inspection guidance, and have the out-of-service criteria revised so that a driver who fails is placed out of service.
The order also called for a review of non-domiciled CDLs issued by the states, which became a story of its own, covered in our post on the emergency non-domiciled CDL rule. For English proficiency, the dates that followed were:
- May 20, 2025: DOT announced FMCSA's new roadside guidance: drivers who fail the English requirement will be placed out of service.
- June 25, 2025: failing 49 CFR 391.11(b)(2) became a driver out-of-service violation under CVSA's North American Standard Out-of-Service Criteria.
- August 10, 2026: FMCSA proposed writing the out-of-service consequence into the federal regulations. As of October 19, 2026, no final rule has been published.
The standard itself is unchanged since long before 2025: a driver must read and speak English well enough to talk with the public, understand highway signs, answer official questions, and fill out records. What changed is that failing it now ends the trip.
Does every state enforce the English requirement for truck drivers?
Yes, as of 2026. Every state, DC, and U.S. territory takes FMCSA's Motor Carrier Safety Assistance Program (MCSAP) grants, and to keep them must adopt and enforce rules compatible with the federal safety regulations, generally covering intrastate trucks as well. All MCSAP states consider CVSA's out-of-service criteria at roadside inspections.
Which states were warned in 2025?
On August 26, 2025, DOT gave California, Washington, and New Mexico 30 days to comply or lose up to 100% of their MCSAP funds. FMCSA's review of June 25 to August 21, 2025 found:
- California: one English out-of-service inspection out of roughly 34,000 inspections with at least one violation
- Washington: four out of more than 6,000, plus two drivers cited but not placed out of service
- New Mexico: no English out-of-service orders at all
DOT also found drivers who had already failed an English check still driving after later stops: at least 23 in California and 4 in Washington who had been put out of service in other states, and at least 7 in New Mexico. FMCSA treated that as a failure to honor existing orders.
What happened to California?
On October 15, 2025, FMCSA withdrew approval of California's safety plan, affecting $40,685,225 in MCSAP funds. By then, DOT said, California was the only state not complying. According to DOT, California began enforcing in January 2026.
California's DMV now follows up on each California Highway Patrol English out-of-service order. The driver is scheduled for an assessment of 15 oral questions and 4 highway signs, and must answer 10 questions and identify 3 signs correctly. A driver who fails twice must pass the CDL knowledge test in English. A driver who skips the second assessment, or fails or skips that test, is downgraded to a noncommercial license.
The August 2026 federal proposal would lock this in. Once the out-of-service consequence is in the regulations, FMCSA says, every state must adopt a compatible requirement into state law, whatever happens to CVSA's criteria.
Which states add their own English proficiency penalties?
At least five states have written the English standard into their own law, with penalties on top of the federal out-of-service order. The table covers the laws we confirmed in each state's enacted text. More bills are moving, so check every state you run.
| State | Law and date | What it adds |
|---|---|---|
| Arkansas | Act 604, approved April 14, 2025 | Driver fine up to $500 for a first offense, $1,000 after that |
| Oklahoma | SB 20, approved May 27, 2025 | Carrier fine of $3,000 per violation; $1,000 for the driver, who may not drive in Oklahoma until meeting the standard; the truck goes back to the carrier only after the fine is paid and a qualified driver arrives |
| South Dakota | SB 164, signed March 11, 2026 | Officers must check English proficiency when a CDL holder is cited or in a crash; a misdemeanor, more serious on a second offense; CDL tests in English |
| Iowa | SF 2426, signed May 2, 2026 | Driver: serious misdemeanor and $1,000 fine. Carrier: $10,000 for each non-proficient driver it uses, and an Iowa out-of-service order. English exam for CDL issue and renewal by March 1, 2027 |
| Alabama | SB 242, effective October 1, 2026 | Up to $1,000 for the driver and $2,000 for the carrier, with impoundment if the driver or truck threatens public safety; a second violation brings up to $2,000 and $4,000 plus impoundment |
Two details matter most to carriers. In Oklahoma, if the carrier can't pay and present a qualified driver within 12 hours, the cargo owner is notified and may move the load to another truck. In Iowa, the $10,000 fine counts each driver separately, independent contractors included, and a carrier that used a non-proficient driver in the past 12 months, or was put out of service for it by another state or FMCSA, can be put out of service in Iowa.
Not every bill passes. Tennessee's 2025 proposal to suspend the CDL of a driver put out of service for English, HB 1023, stalled in a House subcommittee, and its Senate companion failed in committee.
Which states give CDL tests only in English?
Federal rules already require the CDL skills test in English, with no interpreters, under 49 CFR 383.133. The knowledge test may still be given in another language without an interpreter, so each state decides that part. Several have chosen English:
- Texas: CDL and learner permit knowledge tests in English only since June 1, 2026, according to Texas DPS, which also runs English checks at traffic stops and weigh stations. Our Texas commercial driver handbook guide has the testing details.
- California: an English assessment before the skills test, in the same 15-question, 4-sign format, with three attempts before the applicant must reapply.
- South Dakota: the state must set rules that, at a minimum, give all knowledge and skills tests in English.
- Iowa: a computer-based English exam at every CDL or learner permit issue and renewal, starting by March 1, 2027.
A license from one of these states is not a pass at the roadside. An inspector in any state can check the same qualification again.
What should carriers running several states do?
Treat the federal standard as the floor and the strictest state on your lanes as the plan. The out-of-service order is the same everywhere; the fines, impoundment, and carrier penalties depend on where the stop happens.
Step 1: Map your lanes against state laws
List every state your trucks enter and check each one for an English law. Oklahoma, Iowa, and Alabama fine the carrier, so a driver's failed check becomes your bill there.
Step 2: Check English before dispatch, and record it
FMCSA suggests carriers run an English interview and a sign check during hiring; the steps are in our FAQ. Write down who checked, when, and the result, and keep it in the driver qualification file.
Step 3: Plan the relief driver
An English out-of-service order strands the truck until a qualified driver takes over. Know who you would send, and how fast, on each lane. In Oklahoma, the cargo owner can move the load after 12 hours.
Step 4: Stop dispatch after any English out-of-service order
Under 49 CFR 391.11(a), a carrier may not require or permit an unqualified driver to drive. In Iowa, having used one in the past 12 months can take your whole operation off the road in the state. If you believe an order was recorded in error, see our guide to recovering from a DOT violation.
How Simplex helps you stay qualified in every state
The rule is federal. The penalties depend on where the truck is stopped.
Driver files that hold up
We build and maintain driver qualification files, including a record of each driver's English check at hiring.
Qualification checks before dispatch
We review each driver against the commercial driver qualification criteria before the first load, not after a roadside stop.
Compliance across your lanes
Our compliance programs track federal changes and help you plan around the states your trucks run.
Frequently asked questions
Which states enforce the English language requirement for truck drivers?+
Can my truck be impounded if my driver fails the English check?+
Can a carrier be fined for a driver's English proficiency?+
Does an English out-of-service order in one state carry over to another?+
Is the Texas CDL test in English only?+
Where this information comes from
The facts below come from the Federal Register, U.S. DOT, and state legislatures and agencies, checked on October 19, 2026.
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1
Federal Register — Executive Order 14286
The April 28, 2025 order: rescind the 2016 policy within 60 days, revise the out-of-service criteria, review non-domiciled CDLs.
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2
U.S. DOT — Notice to California, Washington, and New Mexico (August 26, 2025)
The 30-day warning and each state's out-of-service figures from June 25 to August 21, 2025.
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3
U.S. DOT — Consequences for California (October 15, 2025)
The $40,685,225 MCSAP withdrawal and the compatibility requirement behind it.
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4
Federal Register — English Language Proficiency; Out of Service Criteria (NPRM)
MCSAP compatibility for all states, the 2025 enforcement history, and the effect of codifying the out-of-service rule.
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5
Oklahoma Legislature — SB 20 (enrolled)
The $3,000 carrier fine, driver prohibition and penalty, vehicle release, and 12-hour cargo transfer.
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6
Iowa Legislature — Senate File 2426 (approved May 2, 2026)
Driver and carrier penalties, the Iowa carrier out-of-service order, and the CDL English exam.
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7
Alabama Legislature — SB 242 (enrolled)
Fines for drivers and carriers, impoundment, and the October 1, 2026 effective date.
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8
California DMV — Adopted emergency English proficiency regulations
The DMV assessment for CDL applicants and for drivers placed out of service by the CHP.
Written by
Simplex Group
Permits & Fuel Tax Team, Simplex Group
Reviewed for technical accuracy by a Simplex permitting manager before publication. Simplex has registered and filed permits and fuel taxes for interstate carriers across all 50 states for more than 20 years.
Published · Updated
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Plan for the strictest state on your route
The federal rule decides whether a driver can keep going. The state where the stop happens decides who pays, and whether the truck goes with him.
If you want a second look at your drivers and lanes before an inspector takes one, talk to our team.