WASHINGTON — Truck drivers operating in designated commercial border zones along the U.S.-Mexico border may be cited for English Language Proficiency (ELP) violations but not placed out-of-service, according to new Federal Motor Carrier Safety Administration (FMCSA) guidance released Feb. 3, 2026.

FMCSA issued the direction in a newly released FAQ intended to guide enforcement and the Commercial Vehicle Safety Alliance (CVSA) on how ELP rules should be applied near the border. The guidance addresses enforcement of the CVSA policy that took effect June 25, 2025, which treats non-compliance with federal ELP regulations as an out-of-service condition — but includes a location-based exception for certain border commercial zones.

Who the border-zone exception applies to

In the FAQ, FMCSA states that its internal enforcement policy (MC-SEE-2025-0001) applies broadly to all drivers operating a CMV in interstate commerce in the United States. However, the exception applies specifically to drivers inspected while operating a CMV in the border commercial zones along the U.S.-Mexico border — regardless of:

• the driver or motor carrier’s country of domicile, or

• whether the driver holds a U.S. CDL, a Mexican Licencia Federal de Conductor, or a Canadian CDL.

What happens if a driver fails the ELP evaluation in the zone

FMCSA also directly addressed how enforcement should handle U.S.-licensed drivers and U.S.-based carriers in these zones. If a driver with a valid U.S. CDL working for a U.S.-domiciled company is stopped in one of the border commercial zones and fails the ELP evaluation, FMCSA’s answer was clear: No out-of-service order.

Instead, enforcement personnel should:

• cite the driver for the ELP violation, but

• refrain from placing the driver out-of-service, and

• not initiate disqualification action based on ELP non-compliance while the driver is operating in these border commercial zones.

What counts as a “border commercial zone”

FMCSA pointed to 49 CFR Part 372, subpart B, noting that commercial zones are generally based on the population size of the municipality (see 49 CFR § 372.241) and typically range from 3 to 20 miles.

FMCSA further clarified that the following are included as “border commercial zones along the U.S.-Mexico border”:

• Cameron County, TX

• Hidalgo County, TX

• Starr County, TX

• Willacy County, TX

• City of El Paso, TX

• New Mexico commercial zones
  (Referenced in 49 CFR §§ 372.237, 372.247, and 372.245.)

Roadside test note: when sign testing isn’t needed

The FAQ also states that if a driver fails the interview portion of the ELP roadside assessment, enforcement does not need to administer the Highway Traffic Sign Recognition Assessment.

Larger enforcement backdrop

The Feb. 3 guidance comes as federal lawmakers have also moved on ELP enforcement. A recently passed federal spending bill includes language that requires FMCSA to update regulations so an ELP violation triggers an out-of-service order, adding pressure around how ELP rules will be applied nationwide — while the border commercial zone exception remains clarified for now.

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