No out-of-service orders for truck drivers who fail English proficiency in ‘border commercial zones,’ FMCSA confirms

Truck drivers operating in certain areas near the U.S. border with Mexico have an exemption from federal English Language Proficiency (ELP) requirements, according to recently released Federal Motor Carrier Safety Administration (FMCSA) guidance.

In an FMCSA FAQ document released on February 3, 2026, authorities provide direction for the Commercial Vehicle Safety Alliance (CVSA) on how ELP rules should be enforced for truck drivers operating near the U.S.-Mexico border.

The guidance offered clarification on a location-based exemption for a CVSA guideline that went into effect on June 25, 2025, which stated non-compliance with existing federal regulations requiring ELP for commercial vehicle drivers is an out-of-service violation. The CVSA guideline issued last year stated that leniency would be provided for drivers operating commercial zones along the U.S.-Mexico border, noting that these drivers should be cited for ELP violations but not placed out-of-service or disqualified from operating commercial vehicles.

In the February 3 FAQ document, FMCSA confirmed which drivers the designated commercial border zone exemption applies to, and provided more details on the size and locations of the commercial border zones.

See below for the FMCSA guidance:

Question 1: The guidance includes an exception in the “Applicability” section for drivers “operating commercial motor vehicles in the border commercial zones along the U.S.-Mexico border.” The guidance directs inspectors to cite the violation but not place the driver out of service. CVSA is seeking clarification regarding:

Question 1a:  Who this exception applies to?

Answer 1a:  FMCSA’s internal agency enforcement policy (MC-SEE-2025-0001) applies to all drivers operating a CMV in interstate commerce in the United States. The exception in the enforcement policy applies to those drivers inspected while operating a CMV in the border commercial zones along the U.S.-Mexico border, irrespective of the driver or motor carrier’s country of domicile or whether the driver holds a U.S. CDL, Mexican Licencia Federal de Conductor, or Canadian CDL.

Question 1b: If a driver with a valid U.S. CDL, operating for a U.S. domiciled company is stopped in a commercial zone along the U.S.-Mexico border and fails the ELP evaluation, should they be placed out of service?

Answer 1b: No. When performing inspections of drivers operating commercial motor vehicles in the border commercial zones along the U.S.-Mexico border, enforcement personnel should cite non-compliant drivers for the violation but should refrain from placing the driver out-of-service or initiating an action to disqualify the driver.
Question 1c:  Please define “border commercial zones along the U.S.-Mexico border,” for clarity.

Answer 1c:  Commercial zones are defined in 49 CFR Part 372, subpart B.  In general, the size of the commercial zones for border municipalities are based on the size of the population of the municipality (see 49 CFR § 372.241).  The size ranges from 3 to 20 miles.  In addition, the Cameron, Hidalgo, Starr, and Willacy Counties, TX; the City of El Paso, TX; and the New Mexico commercial zones (see 49 CFR §§ 372.237, 372.247, and 372.245) are also considered “border commercial zones along the U.S.-Mexico border.”

The FAQ document also clarifies that that if a driver fails the interview portion of the ELP roadside assessment test, there is no need to administer the Highway Traffic Sign Recognition Assessment.

You can view the document at this link.

A federal spending bill passed by Congress this week contains a provision that codifies into law that FMCSA must update regulations to ensure that an ELP violation triggers an out-of-service order.