FMCSA Proposes English Language Proficiency as Out‑of‑Service Violation

What Changed

FMCSA has issued a notice of proposed rulemaking (NPRM) under docket FMCSA‑2026‑0826. The proposal would make English language proficiency a formal out‑of‑service violation. It would align federal rules with the North American Standard Out‑of‑Service Criteria issued by the Commercial Vehicle Safety Alliance. The rulemaking responds to a petition from CVSA. The proposal is currently open for comments until October 9, 2026.

Who Is Affected

interpretation: This change could increase enforcement actions. The rule applies to all carriers regulated under 49 CFR 390 and 391, which includes companies that operate commercial motor vehicles. Drivers who do not meet the current ELP requirement would be subject to OOS enforcement. The proposal does not change the underlying ELP standard; it only changes how violations are treated.

What Carriers Should Do

interpretation: Carriers should proactively address any gaps. Carriers should first review the current ELP requirement for each driver. They should compare the existing qualification criteria with the CVSA out‑of‑service tolerances. If a driver falls short, carriers must take corrective action before the final rule is adopted. Carriers should also prepare to submit comments to FMCSA by the October 9 deadline. Comments can be submitted online, by mail, fax, or hand delivery. The FMCSA will consider all feedback before finalizing the rule.

What Remains Unclear

interpretation: Uncertainty remains about enforcement timing. The proposal is still in the comment period, so the final enforcement dates and specific tolerances are not yet fixed. It is unclear how FMCSA will handle borderline cases or whether additional guidance will be issued. Carriers should monitor FMCSA announcements for updates and confirm how the rule will apply to their operations.