FMCSA proposes making English proficiency a formal out-of-service violation

On Friday, August 7, 2026, U.S. Transportation Secretary Sean P. Duffy announced that FMCSA is moving to codify English language proficiency (ELP) enforcement for commercial drivers into a rule. The notice of proposed rulemaking (docket FMCSA-2026-0826) was published in the Federal Register on August 10, with comments due by October 9, 2026.

This is a proposal, not a final rule. Roadside enforcement of the ELP requirement is already happening under current guidance and CVSA's out-of-service criteria; DOT says more than 26,000 drivers have been placed out of service for failing ELP checks since enforcement was reinstated. What the proposal changes is where the rule lives. It would amend 49 CFR parts 390 and 391 so that a driver who cannot sufficiently read or speak English or understand highway traffic signs and signals is placed out of service under the federal regulations themselves, aligning the FMCSRs with the CVSA criteria and making the standard harder for a future administration to roll back.

The proposal responds to a petition from CVSA and is meant to give states a single, consistent standard to enforce. It carries one carve-out: drivers operating exclusively within the U.S.–Mexico commercial border zone would not be placed out of service unless inspectors have evidence they operated, or intend to operate, beyond that zone.

Nothing changes at the roadside until a final rule is issued. Carriers and drivers can read the full text and file comments on the Federal Register docket.