FMCSA Proposes Making English Proficiency an Out-of-Service Violation
FMCSA has put out a proposed rule that would make an English language proficiency (ELP) violation an out-of-service violation in the federal regulations themselves. The agency says it is mostly writing down what inspectors already do. Here is what the document actually says.
What it is
The notice of proposed rulemaking, titled English Language Proficiency; Out of Service Criteria, was published in the Federal Register on August 10, 2026 (document number 2026-16288, 91 FR 51422, docket FMCSA-2026-0826). Comments must be received on or before October 9, 2026.
The requirement itself is not new. Under 49 CFR 391.11(b)(2), a driver has to be able to read and speak English well enough to talk with the general public, understand highway traffic signs and signals in English, respond to official inquiries, and make entries on reports and records. The proposal would change what happens when a driver does not meet that standard.
FMCSA proposes to:
- add the ELP requirement to the definition of "out-of-service order" in 49 CFR 390.5 and 390.5T, and
- add a new paragraph (c) to 391.11 saying a driver in violation of paragraph (b)(2) is placed out of service.
The agency says the rule responds to a petition from the Commercial Vehicle Safety Alliance (CVSA), which submitted it on October 25, 2025. CVSA already added ELP violations to its North American Standard Out-of-Service Criteria. Those criteria are enforcement guidance, not federal regulation, and the notice says codifying the change would line the regulations up with them.
What changes for drivers
For most drivers who meet the standard, nothing changes. The proposal is about the consequence of a violation, and the notice says it reflects current enforcement tolerances.
There is one exception written into the proposal. A driver would not be placed out of service for an ELP violation if the current trip would not involve transportation in the United States outside the U.S.-Mexico border commercial zones. In that case the driver can still be cited for the violation. The notice says the exception would not apply when there is evidence the driver intends to operate, or has been operating, in the United States outside the border commercial zones.
The notice also describes how FMCSA's April 16, 2026 policy memo (MC-SEE-2026-0002) tells its personnel to decide the scope of a trip: by looking at bills of lading, dispatch records, equipment interchange receipts, driver statements, or other shipping documents. That memo applies to FMCSA personnel; CVSA's April 19, 2026 revision made the same guidance part of the criteria state inspectors use.
The notice describes the inspection steps in the earlier May 2025 policy memo as a driver interview and, if the driver passes that, a highway traffic sign recognition assessment. It also states that an existing 2014 guidance remains in effect: a driver with an exemption from the hearing standard in 391.41(b)(11) is not considered unqualified under the ELP requirement if the driver can read and write English.
Because states that receive Motor Carrier Safety Assistance Program funds must adopt rules compatible with the federal regulations, the notice says codifying this would require states to adopt a compatible requirement.
This is a proposal. It is not in effect, and the final text could differ from what was published.
What to do about it
If you run in the border commercial zones, or hire drivers who do, read the exception language in the notice itself rather than relying on a summary, including how a "current trip" is defined by the paperwork.
If you want to weigh in, comments go through the regulations.gov docket until October 9, 2026. The notice asks that you include the docket number and say which section your comment addresses.
If you are working toward a CDL, our page on the English proficiency requirement covers what the rule asks of drivers in plain terms.