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Do ELP violations indicate poor safety ratings? Tennessee study says yes

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Do ELP violations indicate poor safety ratings?  Tennessee study says yes
Since the issuance of an Executive Order by The Trump Administration requiring English Language Proficiency (ELP) the number of reported violations have skyrocketed and have been linked to safety according to the University of Tennessee study.

Since the issuance of an Executive Order by The Trump Administration requiring English Language Proficiency (ELP), the number of reported violations has skyrocketed and has been linked to safety, according to a University of Tennessee study conducted by Alex Scott, Associate Professor of Supply Chain Management.

Data from Scott’s research shows a significant jump in violations, with federal inspectors enforcing ELP guidelines more stringently than some states.

The study indicates that ELP enforcement began to trend up in May, continued in June, and flattened out in July, August and September. The peak is around 6,000 violations per month.

“It is interesting to note that there were ELP violations prior to the executive order, but the regulation was enforced more stringently after the order was issued,” Scott said.

States that are enforcing the rules more tightly, according to Scott’s data, are Wyoming, Texas and Arizona.

Texas inspectors reported more ELP violations (4,416) than any other state. The second most came from Arizona (514). California had just eight ELP violations out of 176,074 inspections according to Scott’s data.

“By comparison, federal inspectors found ELP violations at a rate almost 1900 times higher than California,” Scott stated. “Surprisingly, California inspectors reported more ELP violations in 2025 — before the executive order — compared to after.”

In August, U.S. Transportation Secretary Sean P. Duffy accused three states  — including California — of failing to adopt and enforce ELP requirements for commercial drivers and threatened to cut off federal funding if they refuse to comply or enforce ELP regulations.

Duffy threatened to withhold up to 100% of funding from the Motor Carrier Safety Assistance Program (MCSAP).

“States don’t get to pick and choose which federal safety rules to follow,” Duffy said.

Further, research data showed that inspections with an ELP violation had an average of 3.9 other violations. That number drops sharply (1.69) in a typical non-ELP inspection.

Inspectors also found that ELP violators also had more out-of-service (OOS) violations than drivers who can speak and understand English. Scott states that carriers’ safety ratings were vastly worse on average than those without ELP violations.

The average Vehicle Maintenance BASIC measure score for carriers with ELP violations was 9.06, and the score for Unsafe Driving was 6.23.indicating poor safety performance.

Why are we here?

The push for ELP orders and the strict compliance comes after deadly crashes caused by non-English speaking drivers. The most publicized accident occurred in August 2025, when a driver made an illegal U-turn in Florida, resulting in a crash that killed three people.

A series of incidents caused a firestorm of federal actions that culminated in Trump’s order and the subsequent actions to comply or rebel.

The Federal Motor Carrier Safety Administration (FMCSA) revised its inspection rules to reflect Trump’s order.

The policy memo, which came on on May 20, provides guidance to FMCSA oversight of Title 49 of the Code of Federal Regulations (49 CFR) part 391. The memo clarifies guidelines for agents who conduct North American Standard (NAS) Driver and Vehicle Inspections. These agents must determine whether drivers can satisfy ELP qualification requirements in 49 CFR § 391.11(b)(2) by responding to official inquiries and understanding highway traffic signs and signals in the English language.

Far-reaching effects

The task of complying with the rules has reached learning institutions.

Schools providing commercial drivers’ license (CDL) training are pivoting toward ELP evaluations and course structure.

This may include integrating English as a Second Language (ESL) directly into the CDL curriculum.

Martin Garsee, who serves as Program Director for Transportation Training at Houston City College in Texas, said there have been some challenges to adjusting to new rules.

Even so, Garsee says it is possible to integrate ESL into the truck driving course.

“We have worked with our ESL department,” Garsee said, “and we have looked at doing a little bit of it in the past.”

While funding is a hurdle that must be overcome, the integration is not unprecedented at HCC.

“We did ESL in the morning, and truck driving in the afternoon,” Gerese said. “They had to have 96 hours of ESL.”

That means the classes will be longer, possibly doubling the student commitment.

Grant funding is being sought to help facilitate the best ways to implement the proper compliance processes.

Bruce Guthrie

Bruce Guthrie is an award-winning journalist who has lived in three states including Arkansas, Missouri and Georgia. During his nearly 20-year career, Bruce has served as managing editor and sports editor for numerous publications. He and his wife, Dana, who is also a journalist, are based in Carrollton, Georgia.

Avatar for Bruce Guthrie
Bruce Guthrie is an award-winning journalist who has lived in three states including Arkansas, Missouri and Georgia. During his nearly 20-year career, Bruce has served as managing editor and sports editor for numerous publications. He and his wife, Dana, who is also a journalist, are based in Carrollton, Georgia.
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