FMCSA proposes making English-proficiency violations a formal out-of-service condition

On August 10, 2026, FMCSA published a notice of proposed rulemaking in the Federal Register (Docket No. FMCSA-2026-0826) that would codify the English language proficiency (ELP) driver-qualification requirement as an out-of-service violation. This is a proposal, not a final rule. The comment period runs through October 9, 2026.

The ELP requirement itself is not new. 49 CFR 391.11 already says a driver must be able to read and speak English well enough to talk with the public, understand highway signs and signals, respond to official inquiries, and make entries on reports and records. What changed in June 2025 is that CVSA's North American Standard Out-of-Service Criteria began treating an ELP failure as an immediate out-of-service condition, and FMCSA enforcement followed suit. This rulemaking, which FMCSA says responds to a petition from CVSA, would align the federal regulations (49 CFR Parts 390 and 391) with that enforcement practice so it no longer depends on guidance and the CVSA criteria alone.

According to trade reporting on the notice, FMCSA estimates the rule would place roughly 9,000 commercial drivers out of service each year. The proposal also carries over a limited exception for drivers operating only within U.S.–Mexico border commercial zones: those drivers can be cited for an ELP violation but would not be placed out of service unless there is evidence the trip goes beyond the zone.

For most carriers the practical effect is continuity rather than change: roadside inspectors are already placing drivers out of service on ELP grounds today. What the rule adds is permanence, and a harder line for anyone hoping the practice would be walked back.