FMCSA Codifies English-Language Rule, Restores Out-of-Service Authority
Agency turns Trump-era enforcement guidance into permanent regulation, requiring states to adopt compatible OOS criteria for drivers who cannot speak English.
FMCSA is moving to codify English-language proficiency (ELP) requirements for commercial drivers into the Federal Motor Carrier Safety Regulations, restoring the authority to place drivers out of service for violations. The rule change reverses a 2016 Obama-era policy that removed OOS enforcement for ELP violations.
When can enforcement personnel place drivers out of service for English-language violations?
Once the rule is finalized and published in the Federal Register, FMCSA personnel conducting safety investigations, audits, and roadside inspections will regain authority to place drivers out of service for failing to meet English-language proficiency requirements. The agency has not yet published an effective date.
Under the 2016 policy memorandum, FMCSA personnel were directed to cite drivers for ELP violations but not to place them out of service. That guidance aligned with a change to the Commercial Vehicle Safety Alliance (CVSA) enforcement tolerances used by inspectors during roadside checks. The new rule overrides that 2016 memo.
What the codification changes for state enforcement
By writing the out-of-service condition directly into federal regulations, FMCSA will require states to adopt compatible ELP enforcement into state law. States must align their commercial driver licensing and enforcement rules with federal motor carrier safety regulations to maintain federal funding eligibility.
The codification prevents future administrations from weakening ELP requirements through policy guidance alone. The Trump administration's enforcement guidance, issued roughly a year before the 2016 policy memo, initially restored OOS authority for ELP violations. That guidance was later reversed by the Obama administration's 2016 policy.
FMCSA stated that codifying the rule ensures states will enforce the out-of-service criteria regardless of any future revisions to CVSA's voluntary inspection standards.
What English-language proficiency means at roadside
The existing ELP requirement, codified at 49 CFR 391.11(b)(2), mandates that every commercial motor vehicle driver must 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.
Inspectors assess proficiency during roadside checks by asking drivers to read placards, explain their logbook entries, or respond to questions about their cargo and route. A driver who cannot demonstrate basic English comprehension can be cited and, under the new rule, placed out of service until a qualified driver takes over.
The rule does not specify a written test or certification process. Proficiency is evaluated functionally during the inspection.
Why FMCSA is codifying now
The agency framed the codification as a safeguard against policy reversals. The 2016 policy memorandum removed OOS authority without changing the underlying regulation, creating a gap between the written rule and field enforcement practice.
By embedding the OOS condition in the Federal Motor Carrier Safety Regulations, FMCSA locks in the enforcement mechanism. Future administrations would need to go through the full rulemaking process (notice, comment, final rule) to weaken the standard, rather than issuing a policy memo.
The move follows a pattern of recent FMCSA actions aimed at tightening compliance and enforcement. The agency has revoked non-compliant ELD providers, ended state programs that issued CDLs to non-residents, and proposed requiring new carriers to pass a proficiency exam before receiving operating authority.
What carriers and drivers need to do
Carriers hiring drivers must verify English-language proficiency during the application process. The requirement applies to all CDL holders operating in interstate commerce. Drivers who cannot meet the standard cannot legally operate a commercial motor vehicle on U.S. highways.
For carriers with multilingual driver pools, the rule does not prohibit hiring non-native English speakers. It requires functional proficiency: the ability to read road signs, communicate with law enforcement, and complete required paperwork in English.
Drivers placed out of service for ELP violations cannot resume operation until a qualified replacement driver takes control of the vehicle. The carrier is responsible for arranging the swap and any associated costs.
State compliance timeline
FMCSA has not published a compliance deadline for states to adopt the new OOS criteria into state law. Typically, states have 12 to 24 months after a final rule's effective date to amend their commercial vehicle codes.
States that fail to adopt compatible regulations risk losing federal Motor Carrier Safety Assistance Program (MCSAP) grant funding, which supports roadside inspection programs and enforcement personnel.
The rule will appear in the Federal Register once FMCSA completes the rulemaking process. Carriers should monitor the docket for the final rule publication and effective date.
