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What is EPL (English Language Proficiency) for DOT drivers and CDLs for Non-Domiciled Drivers?

The recent tragedy on the Florida Turnpike that killed three South Floridians involving an out of state trucker driving for White Hawk Carriers (based in CA) have raised the profile of a few lesser known DOT regulatory subjects: (1) English Language Proficiency (ELP) and (2) the state issuance of CDL licenses to non-domiciled drivers (those not living in the state of issuance). The truck driver who caused the fatal accident had been issued a limited-term/non-domiciled CDL by Washington State and California DMV, according to the DOT. After the accident, the truck driver provided correct responses to just 2 of 12 verbal questions and only accurately identified 1 of 4 highway traffic signs.

What is ELP? FMCSA regulations provide that a driver unable to sufficiently read or speak English or understand highway traffic signs and signals is not qualified to operate a commercial motor vehicle. One of the general qualifications for motor carrier drivers (Title 49, section 391.11(b)) states that drivers “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.”

Enforcement of ELP: Under the Obama administration (2016), DOT directed inspectors not to place CMV drivers out-of-service for ELP violations. Earlier this year, the Trump administration issued new guidance, commercial motor vehicle (CMV) drivers who fail to comply with Federal Motor Carrier Safety Administration’s (FMCSA) longstanding English-language proficiency (ELP) requirements will be placed out-of-service. Read more.

Non-Domiciled CDLs: According to DOT, a foreign driver with an employment authorization document may obtain a CDL to operate a CMV in the United States. A foreign driver holding an employment authorization document or an unexpired foreign passport accompanied by an approved Customs and Border Protection (CBP) I-94 Arrival/Departure Record may obtain a non-domiciled CDL. Canadian and Mexican drivers, holding CDLs from their home country, can operate using the CDLs from their country. Foreign drivers can not obtain a resident CDL since they are not domiciled in a U.S. state (as defined in the regulations). An operator is eligible to obtain a Non-domiciled CLP or CDL from any State that elects to issue a Non-domiciled CLP or CDL and that complies with the testing and licensing standards. The FMCSA has launched a sweeping investigation into the use or misuse of non-domiciled CDLs. According to a Transportation news website, California and Washington are among 19 states that issue driver’s licenses to undocumented immigrants.

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