FMCSA proposes new English proficiency rule for CDL drivers with border zone exemption

The Federal Motor Carrier Safety Administration (FMCSA) issued a rule proposal that would codify English language proficiency (ELP) as an out-of-service (OOS) violation for commercial vehicle operators, with an exemption for drivers operating near the southern border.

FMCSA Pushes ELP Rule To Ensure Consistent Enforcement

In response to a 2025 petition from the Commercial Vehicle Safety Alliance (CVSA), the FMCSA will publish a Notice of proposed rulemaking (NPRM) on August 10, 2026, tightening ELP requirements to “ensure uniform enforcement” by states.

The rule proposal seeks to update Federal Motor Carrier Safety Regulations (FMCSR) to align with current CVSA standards established in the North American Standard Out-of-Service Criteria so that noncompliance with the ELP requirements results in a driver being placed OOS.

“FMCSA proposes to revise the FMCSR to reflect the current practice of placing drivers OOS for violations of the ELP requirements … except when the driver’s current trip would not involve transportation in the United States that would take the driver outside of the U.S.-Mexico border commercial zones.”

Commercial Zone OOS Exemption Included In Rule Proposal

The proposed rule would codify a limited ELP exception for drivers operating in U.S.-Mexico border commercial zones that allows law enforcement to cite a driver for ELP violations but not to place the driver OOS. This exemption was established in a February 2026 FMCSA guidance FAQ and confirmed in an April 2026 policy memo.

“This exception would not apply when there is evidence that the driver intends to operate, or has been operating, a CMV in the United States outside the border commercial zones. This would close a safety loophole to ensure uniform enforcement, regardless of where the inspection takes place,” FMCSA said.

While the ELP rule changes proposed in the NPRM are currently practically in effect, FMCSA says that the rulemaking is important to ensure consistent enforcement by states in the years to come.

“By codifying the OOS condition in the FMCSR, States will be required to adopt a compatible requirement into their State law regardless of any future revisions to the North American Standard Out-of-Service Criteria. This would ensure uniform enforcement of ELP violations beyond State use of the North American Standard Out-of-Service Criteria,” FMCSA pointed out.

FMCSA:16% Of Border ELP Violations To Result in Driver OOS

Based on ELP violation data, FMCSA estimates that 16% of the ELP violations discovered in commercial border zones would result in OOS orders based on the origin and destination of the cargo and the operating authority of the carrier for which the driver was working.

From FMCSA:

“Analyzing all 41,563 violations that were issued in the commercial zones between June 25, 2025 and March 19, 2026, FMCSA estimated that 83.5 percent would have only received ELP violations, and 16 percent would also have received an OOS order (in addition to the underlying ELP violation). Approximately 0.5 percent of the violations did not include either origin or destination information. Extrapolating to an entire year, FMCSA estimates that there would be approximately 56,575 ELP violations within the border commercial zones and that approximately 9,052 (16 percent) would be issued as OOS orders. FMCSA recognizes that origin and destination information from the inspection documentation may be specific to the cargo, and not necessarily the driver (e.g., where the driver’s destination as reflected on a dispatch order differs from the final destination of the cargo as listed on a waybill), but nevertheless believes it to be a reasonable estimate of the number of drivers who would be affected by the proposed rule.“

FMCSA estimated that 9,000 drivers would receive ELP violations and also be placed OOS each year within the border commercial zones under the proposed rule.

On June 25, 2025, non-compliance with long-standing federal regulations requiring ELP for commercial vehicle drivers was returned to status as out-of-service violation by the CVSA after the White House pushed for the reversal of a 2016 FMCSA memo that directed law enforcement not to place truck drivers out-of-service for ELP violations.

FMCSA will accept public comment on the NPRM for 60 days following publication in the Federal Register on August 10.