New Federal Law Forces FMCSA to Put CDL Drivers Out of Service for English Proficiency Violations

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WASHINGTON, D.C. — A new federal appropriations law includes a provision directing the Federal Motor Carrier Safety Administration (FMCSA) to tighten enforcement of English Language Proficiency (ELP) requirements for commercial driver’s license (CDL) holders by making certain violations an out-of-service issue.

According to the provision, FMCSA must update regulations so that non-compliance with 49 CFR 391.11(b)(2) triggers an out-of-service order. That section has long required commercial drivers to be able to read and speak English sufficiently to communicate with the public, understand English traffic signs and signals, respond to official inquiries, and complete required records and reports.

While the ELP standard has existed for decades, enforcement was effectively loosened in 2016 after an FMCSA memo instructed officers not to place drivers out-of-service strictly for language violations. More recently, an April 2025 White House Executive Order called for increased enforcement of existing ELP rules, and the Commercial Vehicle Safety Alliance (CVSA) added “English Proficiency” to its North American Standard Out-of-Service Criteria, effective June 25, 2025.

The Owner-Operator Independent Drivers Association (OOIDA) supported the change, arguing that English proficiency is a basic safety requirement for reading road signs and communicating with law enforcement and first responders.

The bill also keeps an existing exemption from electronic logging device requirements for commercial motor vehicles transporting livestock or insects.

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