The Federal Motor Carrier Safety Administration (FMCSA) has published a Notice of Proposed Rulemaking (NPRM) that would formally codify the English Language Proficiency (ELP) driver qualification requirement as an out-of-service (OOS) violation under the Federal Motor Carrier Safety Regulations (FMCSR). The rule, to be published in the Federal Register on August 10, 2026 (Docket No. FMCSA-2026-0826), responds to a petition from the Commercial Vehicle Safety Alliance (CVSA) and aligns with Executive Order 14286, signed by the President on April 28, 2025.
The comment period closes 60 days after the Federal Register publication date. Fleet owners, safety directors, and compliance officers should review this proposed rule carefully, as it formalizes enforcement practices that are already in effect and carries real operational and financial consequences for non-compliant carriers.
Background
The ELP requirement is not new. It dates back to December 1936, when the Interstate Commerce Commission (ICC) first required that drivers operating in interstate or foreign commerce be able to read and speak the English language sufficiently to understand traffic and warning signs. That requirement has been continuously in place since then (recodified through the Motor Carrier Safety Act of 1984) and currently lives at 49 CFR 391.11(b)(2).
Under that regulation, a qualified CMV driver must be able to:
Converse with the general public
Understand highway traffic signs and signals in English
Respond to official inquiries
Make entries on reports and records
A driver who cannot meet these standards is not qualified to operate a CMV in interstate commerce. What has changed over the years is not the requirement itself, but how violations are enforced at the roadside.
The Enforcement History
CVSA first added ELP violations to the North American Standard Out-of-Service Criteria in April 2005, but then removed them in April 2015. FMCSA followed suit in June 2016 with a policy memorandum that directed inspectors to cite ELP violations but not place drivers out of service. For nearly a decade, violating the ELP requirement would result in a roadside violation but drivers could keep driving.
That changed in 2025. Following Executive Order 14286, FMCSA rescinded the 2016 policy and issued a new enforcement memo in May 2025. CVSA voted on May 1, 2025, to restore ELP violations to the North American Standard Out-of-Service Criteria, with the change taking effect June 25, 2025. Since that date, drivers found non-compliant with 49 CFR 391.11(b)(2) have been placed out of service during roadside inspections. According to data tracked by Trucksafe, over 20,000 drivers have received ELP-related OOS orders since June of 2025.
This NPRM would lock that enforcement posture into the FMCSR permanently, ensuring that States participating in the Motor Carrier Safety Assistance Program (MCSAP) are required to adopt compatible requirements regardless of any future changes to CVSA's Out-of-Service Criteria.
What the Proposed Rule Would Change
FMCSA is proposing targeted amendments to three regulatory sections:
49 CFR 390.5 and 390.5T (Definitions): The definition of "out-of-service order" would be revised to include 49 CFR 391.11(b)(2), formally making an ELP violation an OOS condition in the regulations themselves.
49 CFR 391.11 (new paragraph (c)): A new paragraph would state that a driver violating paragraph (b)(2) must be placed out of service immediately, with a limited exception for drivers operating within U.S.-Mexico border commercial zones whose current trip does not take them outside those zones.
The U.S.-Mexico Border Commercial Zone Exception
One of the more nuanced aspects of this rulemaking is the limited exception for drivers operating in the commercial zones along the U.S.-Mexico border (as designated in 49 CFR Part 372, Subpart B). Under the proposed rule, a driver found in violation of the ELP requirement will not be placed OOS if their current trip is confined to U.S.-Mexico border commercial zones. However, if evidence (such as bills of lading, dispatch records, equipment interchange receipts, or driver statements) indicates that the driver's current trip takes them outside the border commercial zones into the broader United States, the OOS order applies. Drivers operating solely within border commercial zones will still receive an ELP violation; they simply will not be placed OOS or subject to a disqualification action based solely on that violation.
How to Submit Comments
FMCSA is accepting public comments on this NPRM for 60 days following Federal Register publication. Comments can be submitted via:
Mail: Dockets Operations, U.S. DOT, 1200 New Jersey Avenue S.E., W58-213, Washington, D.C. 20590-0001
Fax: (202) 493-2251
FMCSA has specifically requested comment on the validity of its methodology for estimating the number of affected drivers in border commercial zones, the average time and cost to dispatch a replacement driver, and whether there are additional cost impacts the agency should consider.
What Carriers Should Do Now
Whether or not this rule is finalized, the enforcement posture is already in effect. OOS orders for ELP violations have been issued since June 25, 2025.
Audit your driver qualification files. Ensure every driver in your fleet is assessed for ELP compliance as part of your standard DQ file process. FMCSA published guidance in May 2025 on how carriers should assess ELP during the driver qualification process.
Review your hiring and onboarding procedures. ELP is a driver qualification requirement, the same as a valid CDL, a current medical certificate, or an acceptable MVR. It belongs in your pre-hire checklist.
Train your dispatchers and safety personnel. Your team needs to understand that dispatching a driver who cannot meet ELP requirements is not just a violation but also a highway-accident liability risk.
Document your ELP assessment process. While FMCSA does not prescribe a specific test, having a documented, consistent process for evaluating ELP during hiring protects your company during compliance reviews and audits. Looking for a resource in this regard? Check out ELP Ready.
If you operate in border commercial zones, understand the exception and its limits. The exception is narrow. If a driver's trip takes them outside the border commercial zone at any point, the OOS order applies. Shipping documents will be scrutinized.
Have questions about how to assess ELP compliance in your driver qualification process? Contact Trucksafe Consulting — our team is ready to help you build a process that works.
