FMCSA English Proficiency Rule and OOS Enforcement

The Federal Motor Carrier Safety Administration has published a notice of proposed rulemaking that would codify the English language proficiency requirement for commercial drivers as an out-of-service violation. The proposal would align the Federal Motor Carrier Safety Regulations with enforcement tolerances already in the Commercial Vehicle Safety Alliance’s North American Standard Out-of-Service Criteria, responds to a CVSA petition, and would standardize how roadside inspectors handle drivers who cannot demonstrate sufficient English proficiency under 49 CFR 391.11(b)(2).

Proposed English Proficiency Rule

The proposed rule was published in the Federal Register on August 10, 2026 (Vol. 91, No. 152, pages 51422 through 51431), under Docket No. FMCSA-2026-0826 and RIN 2126-AC99. FMCSA Administrator Derek D. Barrs signed the document, which was filed on August 7, 2026.

Under the proposal, a driver violating 49 CFR 391.11(b)(2) would be placed out of service immediately, subject to a limited U.S.-Mexico border commercial zone exception. FMCSA states that the proposal would not change the underlying qualification requirement, which requires drivers to read and speak English sufficiently to converse with the general public, understand highway traffic signs and signals, respond to official inquiries, and make entries on reports and records. The rulemaking would codify current enforcement practices without creating a new qualification standard.

Regulations the Proposal Would Revise

CVSA Out-of-Service Criteria for English Proficiency

The Commercial Vehicle Safety Alliance Board of Directors voted to add non-compliance with 49 CFR 391.11(b)(2) to the North American Standard Out-of-Service Criteria, effective June 25, 2025, ahead of the formal FMCSA rulemaking. The addition carries the heading “English Proficiency (U.S. Only)” in the Part I Driver section. Under the criteria, when a driver cannot read and speak English sufficiently to communicate with a safety official and respond to official inquiries and directions under FMCSA enforcement guidance, the inspector should declare the driver out of service.

CVSA acted following President Donald J. Trump’s Executive Order titled “Enforcing Commonsense Rules of the Road for America’s Truck Drivers.” It also announced its intent to petition FMCSA to harmonize the commercial driver’s license English language requirements in 49 CFR Part 383 with those in Part 391.

FMCSA Enforcement Guidance and Roadside Policy

FMCSA policy memorandum MC-SEE-2026-0002 directs FMCSA enforcement personnel conducting North American Standard Driver and Vehicle Inspections. The memorandum, last updated April 16, 2026, rescinds and supersedes the prior policy MC-SEE-2025-0001 dated May 20, 2025.

During inspections, enforcement personnel evaluate whether drivers can respond to official inquiries in English and understand highway traffic signs and signals in English. The guidance also covers procedures for placing drivers out of service for violations of 49 CFR 391.11(b)(2).

The FMCSA enforcement policy FAQs state that the policy applies to all drivers operating a commercial motor vehicle in interstate commerce in the United States. The border exception applies to drivers whose current trip would not involve transportation outside the U.S.-Mexico border commercial zones, regardless of the driver’s or motor carrier’s country of domicile and whether the driver holds a U.S. CDL, a Mexican Licencia Federal de Conductor, or a Canadian CDL.

Roadside English Proficiency Inspections

A roadside English proficiency evaluation follows the sequence of a standard inspection:

1. An authorized enforcement officer conducts a North American Standard inspection and evaluates whether the driver can respond to official inquiries in English.
2. The officer determines whether the driver can understand highway traffic signs and signals in English and communicate sufficiently during the inspection.
3. For a driver in a U.S.-Mexico border commercial zone, the officer determines the scope of the current trip before applying the out-of-service criteria.
4. If the driver cannot demonstrate sufficient English proficiency, the officer declares the driver out of service under the CVSA criteria and 49 CFR 391.11(b)(2).

U.S.-Mexico Border Commercial Zone Exception

Drivers whose current trip would not involve transportation in the United States outside a U.S.-Mexico border commercial zone are not subject to the English proficiency out-of-service criteria. The exception applies regardless of the driver’s country of domicile or the type of commercial driver’s license held.

Border commercial zones are defined in 49 CFR Part 372, subpart B. The size of a zone for a border municipality is generally based on population under 49 CFR 372.241 and ranges from 3 to 20 miles. Cameron, Hidalgo, Starr, and Willacy Counties in Texas, the City of El Paso, and the New Mexico commercial zones identified in 49 CFR 372.237, 372.245, and 372.247 are also border commercial zones.

State Adoption and MCSAP Requirements

The proposed rule would require states participating in the Motor Carrier Safety Assistance Program to adopt compatible requirements through their own laws or regulations. State inspectors would then need authority under state law to place drivers out of service for English proficiency violations, consistent with the federal standard.

That adoption requirement applies the out-of-service criteria uniformly across participating states, beyond the places where FMCSA enforcement personnel operate, so motor carriers operating across state lines would face consistent enforcement regardless of which state’s inspectors conduct the inspection.

Motor Carrier and Driver Obligations

The proposed rule reinforces a motor carrier’s existing obligation under 49 CFR 391.11(b)(2) to use drivers who can read and speak English sufficiently to perform their duties safely. A carrier that dispatches a driver who cannot meet the requirement faces a formal out-of-service designation at roadside, which can affect carrier safety ratings and compliance scores.

A driver who fails to demonstrate English proficiency during a North American Standard inspection could be placed out of service immediately and could not continue operating the commercial motor vehicle until the condition is resolved. The FMCSA enforcement policy FAQs note that drivers cited for English proficiency violations may also face a driver qualification proceeding under 49 CFR 386.11(a), which can result in a letter of disqualification.

The proposal creates no separate English proficiency test or certification process. It relies on the existing standard in 49 CFR 391.11(b)(2) and the guidance in MC-SEE-2026-0002, which directs inspectors to evaluate proficiency during a standard roadside inspection.

Related FMCSA Rulemaking

The English proficiency rule is part of a broader FMCSA agenda focused on commercial vehicle safety enforcement. The agency’s regulatory agenda includes several rulemaking items affecting motor carrier operations, driver qualifications, and roadside inspection procedures.

More context is in 2026 trucking enforcement changes and freight broker liability in truck crash cases. Out-of-service violations and driver qualification records can also bear on how liability is assessed after a commercial vehicle crash.