FMCSA to Propose Rule Establishing English Language Proficiency Non-Compliance as an Out-of-Service Violation

Tuesday, July 13, 2026 – EMA has been tracking federal developments on English Language Proficiency (ELP) requirements for commercial drivers since President Trump's Executive Order 14237 directed FMCSA to rescind prior guidance that had allowed a more lenient approach to enforcement. Since then, FMCSA has actively enforced the longstanding ELP qualification requirement under 49 CFR § 391.11(b)(2), which requires that CDL holders be able 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. Thousands of drivers have faced scrutiny under the renewed enforcement push, with the Western and Southern regions reporting the highest number of violations.

New Rulemaking on the Horizon

FMCSA has now signaled the next step. The Administration's Unified Regulatory Agenda includes a forthcoming proposed rule that would formally examine whether English Language Proficiency non-compliance under 49 CFR § 391.11(b)(2) should be codified as an out-of-service (OOS) violation.

This is a significant development. Under the current framework, ELP deficiencies identified at roadside inspections can result in enforcement action, but there is no formal OOS designation tied to the regulation. Codifying ELP non-compliance as an OOS criterion would mean that a driver found unable to meet the proficiency standard during a roadside inspection would be immediately removed from service — prohibited from operating a commercial motor vehicle until the violation is resolved. Additionally, codification would make it more difficult for another administration to provide flexibility.

For fuel marketers and distributors who depend on a pool of qualified commercial drivers, an OOS designation carries immediate operational consequences: a driver placed out of service cannot complete a delivery, which can disrupt fuel supply chains, increase costs, and create scheduling and coverage challenges across a fleet.

EMA Requests Input

Fuel distribution operations are driver-dependent, and the CDL driver shortage is already a significant operational challenge for many EMA members. An OOS designation for ELP non-compliance would add a new enforcement risk dimension to every roadside inspection, with the potential to pull drivers off the road mid-route. The impact could be particularly acute in regions with higher concentrations of non-native English-speaking drivers or where carriers rely on drivers with varying degrees of English proficiency.

EMA is monitoring this rulemaking closely. No proposal has been published yet — the Unified Regulatory Agenda listing signals that a proposed rule is being developed, but the text and specific requirements are not yet available. EMA will evaluate the proposal carefully once it is published and determine whether formal comments are warranted. To support EMA, please share your thoughts on the following:

• Has the renewed ELP enforcement push already affected your operations or driver pool?
• Would an OOS designation for ELP non-compliance create significant operational disruptions for your fleet?
• If your operations could be affected, would enhanced driver training protocols be a feasible mitigation measure — and how burdensome would implementing such protocols be?
• Any other feedback or observations you would like EMA to consider?