New Hampshire Attorney General John M. Formella announced that the state’s Department of Justice is partnering with the National Traffic Law Center, the New Hampshire Department of Safety, and other traffic safety partners on the initiative, which is intended to improve highway safety.

Program Focuses on CDL Conviction Reporting

The state is participating in a $7.9 million pilot project funded by the Federal Motor Carrier Safety Administration (FMCSA).

According to the attorney general’s office, the program is intended to increase awareness of federal and state prohibitions against masking commercial driver convictions, improve the accuracy of commercial driver conviction reporting, and help ensure disqualified commercial drivers are removed from the nation’s roadways.

Statewide Working Group to Lead the Initiative

As part of the program, the New Hampshire Department of Justice will lead a statewide working group made up of representatives from agencies involved in investigating, prosecuting, adjudicating, licensing, and tracking commercial driver offenses.

The group will focus on:

• Providing education and training for prosecutors, law enforcement officers, judges, clerks, and traffic safety professionals on federal and state CDL requirements, including anti-masking laws.
• Improving statewide compliance with federal reporting requirements.
• Developing a state implementation plan to ensure the accurate and timely transfer of information from roadside enforcement through the conviction reporting process.

Attorney General Highlights Highway Safety

Formella said the partnership is intended to strengthen coordination among prosecutors, law enforcement, the courts, and state and federal partners responsible for enforcing commercial driver’s license laws.

“Traffic safety is public safety,” Formella said. “This partnership will strengthen coordination among prosecutors, law enforcement, the courts, and our state and federal partners to ensure that commercial driver’s license laws are enforced consistently and accurately.”

The TDUSA editorial team creates practical, driver-focused content covering trucking news, industry updates, safety, regulations, and career information for professional truck drivers across the United States. Each article is built to reflect real-world experience, industry developments, and information drivers can use on and off the road.

Last Updated: July 17, 2026

Source: Truckers News

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This update coincides with the Department of Transportation’s decision to phase out prior leniencies around English language proficiency introduced during the Obama administration.

Two-Step Evaluation Process for ELP Compliance

The FMCSA’s new enforcement framework involves a two-step process comprising a driver interview and a highway traffic sign recognition assessment. All roadside inspections will begin in English to assess compliance with the rule. This structured approach enables inspectors to uphold the regulation systematically.

Driver Interview

The first step assesses whether the driver can “respond to official inquiries by speaking English sufficiently.” During this interview, the FMCSA mandates that interactions must take place solely in English. Tools like interpreters, cue cards, or translation apps cannot be used as they may conceal deficiencies in English communication abilities.

FMCSA clarifies if the driver is unable to respond sufficiently in English, inspectors are instructed to issue a violation under 49 CFR § 391.11(b)(2).  Drivers who fail the interview do not proceed to the second evaluation phase.

Highway Traffic Sign Recognition

If the driver passes the interview, the next step evaluates their ability to read and comprehend U.S. highway traffic signs in accordance with the Manual on Uniform Traffic Control Devices (MUTCD). The assessment ensures that commercial drivers understand key road signage, including dynamic message boards encountered during operations.

Enforcement Actions and Penalties

If violations of the English language proficiency regulation are identified, inspectors must document all supporting evidence, including responses or a lack thereof. FMCSA policy also requires follow-up actions, such as placing non-compliant drivers out of service (OOS) and initiating potential disqualification from operating commercial motor vehicles in interstate commerce.

The Commercial Vehicle Safety Alliance (CVSA) has already incorporated ELP non-compliance into its North American Standard Out-of-Service Criteria, effective June 25. FMCSA guidance directs inspectors to inform out-of-service drivers that operating a commercial motor vehicle while under OOS conditions is strictly prohibited until compliance is restored.

However, FMCSA notes that drivers operating within U.S.-Mexico border commercial zones may be cited for violations but will not face OOS placement or disqualification.

Exemptions for Hearing Impairments

Per FMCSA’s guidance, hearing-impaired drivers with an exemption under 49 CFR § 391.41(b)(11) are protected from disqualification under 49 CFR § 391.11(b)(2). These drivers are not required to meet verbal English communication standards.

Enhancing Safety Through Stronger Compliance

With the introduction of the two-step evaluation, FMCSA aims to ensure that commercial drivers possess adequate English-speaking skills and can interpret critical road signage, bolstering safety throughout U.S. highways.

For more updates on FMCSA regulations and compliance standards, stay connected to industry news.

Source: Commercial Carrier Journal

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