Federal regulators are proposing new rules to formally mandate that commercial truck drivers who lack required English language skills be immediately placed out of service.
The Federal Motor Carrier Safety Administration (FMCSA) published a notice of proposed rulemaking aimed at updating the Federal Motor Carrier Safety Regulations to classify English Language Proficiency (ELP) violations as out-of-service offenses. The proposed rule aligns federal safety standards with existing enforcement criteria set by the Commercial Vehicle Safety Alliance (CVSA) and follows a petition submitted by the organization.
CVSA last May added ELP non-compliance to its North American Standard Out-of-Service Criteria, effective June 25, 2025.
Under current regulations, commercial drivers must read and speak English well enough to communicate with the public, understand traffic signs, respond to official inquiries, and complete reports. The proposed changes would codify enforcement measures that remove non-compliant drivers from the road immediately.
"The primary benefit of this proposed rulemaking would be improved safety outcomes resulting from more uniform and consistent enforcement of driver qualification standards," the agency stated.
The proposal includes a limited exception for drivers operating exclusively within designated U.S.-Mexico border commercial zones. Drivers cited for ELP non-compliance in those border zones will not be placed out of service unless evidence shows they have operated, or intend to operate, beyond the zone's boundaries into the rest of the United States.
Federal officials estimate the proposed rule will result in approximately 9,000 drivers being placed out of service annually in border regions, generating an estimated $14.4 million in annual costs for motor carriers due to freight delays and replacement driver logistics.
Data accumulated by RigDig, owned by CCJ Parent company Fusable, commercial vehicle inspectors across the country are issuing a growing number of violations, a surge driven in part by California's decision in January to begin conducting roadside enforcement of federal English proficiency rules. The chart below, compiled by CCJ sister publication Overdrive, shows monthly ELP OOS orders since July 2025.
Public comments on the proposed rule will be accepted for 60 days following its official publication in the Federal Register.
