Comments Close Today on FMCSA's English-Proficiency Out-of-Service Rule
Public comments on FMCSA's English-language-proficiency proposal must be received by today, October 9, 2026. Comments can be filed online at Regulations.gov, docket FMCSA-2026-0826; the notice also accepts comments by mail or hand delivery to DOT Docket Operations.
FMCSA published the notice of proposed rulemaking on August 10, 2026, in response to a petition from the Commercial Vehicle Safety Alliance (CVSA). It would codify in the Federal Motor Carrier Safety Regulations that a violation of the English language proficiency (ELP) requirement at 49 CFR 391.11(b)(2) is an out-of-service (OOS) violation. The agency says the change would align the regulations with current enforcement tolerances already in the Commercial Vehicle Safety Alliance's North American Standard Out-of-Service Criteria, revised April 19, 2026, and with FMCSA's April 2026 internal enforcement policy.
The proposal would amend 49 CFR 390.5, 390.5T and 391.11, adding new paragraph 391.11(c) stating drivers who fail the ELP requirement must be placed OOS immediately. It carries a limited exception: drivers operating only within U.S.-Mexico border commercial zones whose current trip does not take them beyond those zones would not be placed OOS, unless there is evidence they intend to or have operated outside the zones.
FMCSA estimates the rule would cost motor carriers about $14.4 million annually. This is a proposed rule, not final; FMCSA has not yet decided whether or how to finalize it.
What's next
- After the comment period closes, FMCSA will review the comments before deciding whether to issue a final rule.
- The proposal itself says it would codify enforcement tolerances already in the CVSA out-of-service criteria revised April 19, 2026, so roadside ELP out-of-service enforcement does not wait on the final rule.
All sources
- English Language Proficiency; Out of Service Criteria (proposed rule, FR Doc. 2026-16288): FMCSA, Federal Register, August 10, 2026
- Submit a comment (FMCSA-2026-0826-0001): Regulations.gov, closes October 9, 2026
