Labor & Employment Law Daily Wrap Up, FEDERAL REGULATIONS—FMCSA proposes making English language proficiency violations immediate out-of-service offense for truck drivers, (Aug 10, 2026)
Organizations Mentioned:Federal Motor Carrier Safety Administration
By WK Editorial Staff
The proposal follows a 2025 executive order directing FMCSA to strengthen enforcement of English language proficiency requirements.
The Federal Motor Carrier Safety Administration (FMCSA) has proposed a rule that would formally classify violations of English language proficiency (ELP) requirements as an out-of-service (OOS) offense for commercial truck drivers operating in interstate commerce. The proposed rule, published today, would amend federal motor carrier regulations to align with current enforcement practices recommended by the Commercial Vehicle Safety Alliance (CVSA).
Existing regulations. Under existing regulations, commercial drivers must be able to read and speak English well enough to communicate with the public, understand traffic signs and signals, respond to officials, and complete required records. FMCSA said the rule would codify current enforcement standards, under which drivers found unable to meet those requirements are placed out of service.
Trump executive order. The proposal follows a 2025 executive order directing FMCSA to strengthen enforcement of English proficiency requirements and a petition from CVSA requesting that the agency incorporate the OOS consequence directly into the Federal Motor Carrier Safety Regulations.
Proposed exception for border zones. FMCSA proposes a limited exception for drivers operating solely within designated U.S.-Mexico border commercial zones. Those drivers would not be placed out of service for an ELP violation unless there is evidence they have operated, or intend to operate, beyond the commercial-zone boundaries in the United States.
According to the agency, the rule would promote more uniform enforcement nationwide and close what it described as a “safety loophole.” FMCSA estimates the proposal could impose annual costs of about $14.4 million on motor carriers, primarily from delays and replacement-driver expenses associated with OOS orders.
The agency is accepting public comments for 60 days following publication.
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