The Tennessee Highway Patrol has removed 800 commercial drivers from service for English-language proficiency violations, according to an August 5 release from the Tennessee Trucking Association. The figure emerges as the Federal Motor Carrier Safety Administration accepts public comments through Oct. 9 on a proposal that would immediately place drivers who fail the requirement out of service.
Nationwide, from June 25, 2025, through March 19, 2026, roadside inspectors issued 60,399 English proficiency violations, with 19,045 resulting in out-of-service orders, according to the proposed rule. These numbers underscore a growing enforcement focus that could reshape hiring and retention in the trucking industry.
Under 49 CFR 391.11(b)(2), a commercial driver must read and speak English well enough to understand highway signs, respond to officials, and complete required reports. After a truck crash, records tied to that rule and others are typically reviewed in a specific order. First, the driver qualification file, which federal rules require a carrier to keep for every driver it employs. Then roadside inspection reports and any out-of-service orders issued to the driver or truck, followed by whether the carrier put the driver back on the road before the order was resolved. Hiring and supervision records may support a negligent hiring or negligent entrustment claim, and electronic logging device data, dashcam footage, and the truck's event data recorder are also critical.
Tennessee generally allows one year from the date of injury to file a personal injury lawsuit under Tenn. Code Ann. § 28-3-104. Trucking companies and their insurers often start investigating within hours, and some electronic data can be overwritten unless someone asks for it to be preserved.
"A crash report shows what happened in a few seconds on the interstate, but the carrier's own records often show why," said Chris Patterson, managing partner of Patterson Bray. "If a company knew a driver had been pulled off the road and sent him back out anyway, that's something a jury needs to hear about."
The implications extend beyond individual cases. For the trucking industry, stricter enforcement could exacerbate driver shortages, particularly if the federal rule accelerates out-of-service orders. Carriers may need to invest more in language training or screening to avoid disruptions. For crash victims, the availability of inspection and qualification records could strengthen claims against carriers that ignore violations. As the public comment period continues, the outcome will shape how rigorously English proficiency is enforced across the nation's highways.
