Proposal strengthens English language proficiency enforcement

The Federal Motor Carrier Safety Administration (FMCSA) has proposed strengthening enforcement of its existing English language proficiency (ELP) requirement by formally making an ELP violation an out-of-service (OOS) offense.

The proposed regulation, which aligns with the current Commercial Vehicle Safety Alliance (CVSA) North American Standard Out-of-Service Criteria, would require that drivers who cannot adequately read or speak English or understand highway signs and traffic signals be placed OOS and prohibited from operating a commercial motor vehicle until the violation is corrected.

The proposal, the result of a petition filed by CVSA, would codify noncompliance with the ELP requirements as an OOS violation, ensuring uniform enforcement.

FMCSA is accepting comments on this notice of proposed rulemaking (NPRM) until October 9, 2026.