# 2026-16288: FMCSA Puts Non-English-Speaking Truck Drivers Out of Service for Safety

2026-16288, English Language Proficiency; Out of Service Criteria, is a Federal Register proposed rule from Transportation Department, Federal Motor Carrier Safety Administration published 2026-08-10, effective Comments must be received on or before October 9, 2026.; PRIA reads it as touching household money (as of 2026-08-17).

- Canonical: https://policyrisk.com/federal-register/2026-16288
- As of: 2026-08-17
- Plain-text twin of the page above; the HTML and this file carry the same facts.

## Facts
- Document number: 2026-16288
- Title: English Language Proficiency; Out of Service Criteria
- Type: Proposed Rule
- Agencies: Transportation Department; Federal Motor Carrier Safety Administration
- Citation: 91 FR 51422
- Published: 2026-08-10
- Effective: Comments must be received on or before October 9, 2026.
- Comments close: 2026-10-09
- Significant: no
- Touches household money: yes
- Regulation identifier numbers: 2126-AC99
- Last updated: 2026-08-17

## In one line

FMCSA Puts Non-English-Speaking Truck Drivers Out of Service for Safety

## Summary

The FMCSA wants to make sure truck drivers who don’t speak English well enough can be taken out of service to keep roads safer. This change affects all commercial drivers and aligns rules with current safety checks, making enforcement clearer and fairer. Comments on this proposal are open until October 9, 2026, with no new costs expected for drivers or companies.

## Abstract

FMCSA proposes to codify the English language proficiency (ELP) driver qualification requirement as an out-of-service (OOS) violation. The rulemaking would ensure uniform enforcement by aligning the Federal Motor Carrier Safety Regulations (FMCSR) with the current enforcement tolerances in the North American Standard Out-of-Service Criteria issued by the Commercial Vehicle Safety Alliance (CVSA). The rulemaking responds to a petition from CVSA.

## Effects PRIA read

- English-Proficiency Can Put Drivers OOS: cost, high. If you drive a commercial motor vehicle (CMV) in interstate commerce, FMCSA proposes that failing the English language proficiency (ELP) requirement in 49 CFR 391.11(b)(2) would result in you being placed out-of-service (OOS). The rule keeps a limited exception for drivers inspected inside U.S.-Mex…
- Motor Carrier Compliance Costs Estimated $14.4M: cost, medium. FMCSA estimates this revision would result in approximately $14.4 million in annual costs for motor carriers. The agency observed 60,399 ELP violations between June 25, 2025 and March 19, 2026 (19,045 of which resulted in OOS orders), and estimates about 9,000 drivers annually in border commercial…

## Related documents

- [2026-08144](https://policyrisk.com/federal-register/2026-08144): Administrative Rulemaking, Guidance, and Enforcement Procedures, 2026-04-27
- [2026-20734](https://policyrisk.com/federal-register/2026-20734): Parts and Accessories Necessary for Safe Operation; Application for Exemption From Aurora Operations, Inc (USDOT #341156), 2026-10-09
- [2026-20649](https://policyrisk.com/federal-register/2026-20649): Qualification of Drivers; Commercial Vehicle Safety Alliance; Application for Exemption, 2026-10-08
- [2026-20524](https://policyrisk.com/federal-register/2026-20524): Agency Information Collection Activities; New Information Collection: Hours of Service of Drivers; Pilot Program To Allow Commercial Driver…, 2026-10-07
- [2026-20476](https://policyrisk.com/federal-register/2026-20476): Agency Information Collection Activities; New Information Collection: Hours of Service of Drivers: Pilot Program To Allow Commercial Driver…, 2026-10-06
- [2026-20325](https://policyrisk.com/federal-register/2026-20325): Clarification to the Applicability of Emergency Exemptions; Response to Petitions for Reconsideration, 2026-10-05

## Sources
- [2026-16288 on federalregister.gov](https://www.federalregister.gov/documents/2026/08/10/2026-16288/english-language-proficiency-out-of-service-criteria)
- [2026-16288 as published (PDF)](https://www.govinfo.gov/content/pkg/FR-2026-08-10/pdf/2026-16288.pdf)

## Related
- [Previous: 2026-16274, Establishment of Class E Airspace; Coleman, TX](https://policyrisk.com/federal-register/2026-16274)
- [Next: 2026-16296, Substances Generally Recognized as Safe](https://policyrisk.com/federal-register/2026-16296)
- [All Federal Register documents](https://policyrisk.com/federal-register)

Source: PRIA, https://policyrisk.com/federal-register/2026-16288 (as of 2026-08-17).