Proposed FMCSA rule targets English proficiency enforcement

"We are closing a dangerous loophole that has cost Americans their lives,” Transportation Secretary Sean Duffy says. (Aaron Schwartz/CNP/Bloomberg)

The Federal Motor Carrier Safety Administration has proposed codifying English-language proficiency enforcement standards for commercial drivers, a move the agency estimates could put 9,000 drivers out of service each year.

Transportation Secretary Sean Duffy announced the notice of proposed rulemaking to solidify the ELP mandate revived last year under the Trump administration. The mandate reversed an Obama-era directive in 2016 stating that FMCSA no longer had to automatically place a driver out of service (OOS) for being unable to read English-language highway signs or speak the language.

Duffy’s office declared Aug. 7 that FMCSA intends to solidify the ELP guideline into a codified rule to prevent it from being weakened by future administrations.

DOT stated that the 2016 policy prohibited roadside inspectors from placing drivers out of service solely for failing English-proficiency screening while issuing minor administrative citations that resulted in unqualified drivers remaining behind the wheel.

“Federal law is clear, drivers who can’t read or speak English — our national language — or understand road signs are unqualified to operate 80,000-pound big rigs on America’s highways,” Duffy said. “By making these common-sense English-proficiency standards permanent, we are closing a dangerous loophole that has cost Americans their lives.”

ELP standards have been on the books since 1937 for commercial drivers.

TRUCK DRIVERS MUST SPEAK ENGLISH FROM NOW ON!@SecDuffy rule for truckers is here to stay!

This is about making America’s Roads Safe Again 🇺🇸@dcexaminer https://t.co/6BEljLYlFc pic.twitter.com/LFZVdopdLX — USDOT Rapid Response (@USDOTRapid) August 10, 2026

Responding to a Commercial Vehicle Safety Alliance petition, the new rule would codify existing FMCSA guidance and CVSA’s North American Standard OOS Criteria.

It also would impose a unified standard that states would have to follow to impose an OOS requirement for drivers for being unqualified due to lack of English speaking, reading and comprehension abilities.

Tightening border enforcement

DOT noted the proposed rule would eliminate “a dangerous loophole at the U.S.-Mexico border. Any driver who cannot sufficiently read or speak English will be stopped and placed out of service before exiting the border area and driving further into American communities,” DOT stated.

If enacted, the new law would require 100 FMCSA and 1,900 state enforcement personnel working in U.S.-Mexico border commercial zones to be trained to identify commercial vehicle drivers who plan to or have been operating in interstate commerce outside border commercial zones. FMCSA estimated training could be conducted in one-hour online sessions.

FMCSA’s 35-page notice of proposed rulemaking has been published in the Federal Register. Public comments are being sought.

States enacting ELP legislation

This year, several states including Alabama, Iowa, South Dakota, Utah and Wyoming passed legislation for local and state law enforcement officers to enforce ELP requirements.

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Pugh 

Pennsylvania lawmakers will consider House Bill 2723 (Commercial Driver Public Safety Act), introduced in July by state Rep. Brenda Pugh. The bill seeks to reinforce the existing federal ELP mandate and strengthen licensing and verification processes.

“Every day, commercial truck and bus drivers operating some of the largest vehicles on our roads must be able to read highway signs, understand electronic message boards, follow emergency detours, communicate with law enforcement and emergency responders, and safely respond to changing road conditions,” Pugh said. “Our first responsibility is protecting the traveling public, and when someone is operating an 80,000-pound commercial vehicle, the ability to understand and communicate in English is not simply a licensing requirement; it is an essential public safety standard.”