FMCSA proposes out-of-service for English proficiency test failures

The Federal Motor Carrier Safety Administration is seeking feedback on a proposal that would place commercial driver’s license holders out of service for failing an English proficiency test. Published Aug. 10, the proposed rule would codify existing federal standards and ensure uniform enforcement by aligning them with driver out-of-service criteria established by the Commercial Vehicle Safety Alliance. According to Safety+Health Magazine, FMCSA estimates that around 9,000 drivers could be placed out of service each year under the changes.

Proposal origins and scope

FMCSA says the proposal comes in response to a petition from CVSA. The agency states the primary benefit would be improved safety outcomes resulting from more uniform and consistent enforcement of driver qualification standards. The test includes a driver interview and an assessment of highway traffic sign recognition. Under 49 CFR 391.11(b)(2), a driver is qualified to operate a motor vehicle if they can read and speak the English language sufficiently to converse with the general public, to understand highway traffic signs and signals in the English language, to respond to official inquiries, and to make entries on reports and records.

Legislative timeline

The Consolidated Appropriations Act of 2026 (H.R. 7148), signed Feb. 3 by President Donald Trump, formalizes an Executive Order issued by Trump in April 2025 mandating that truck drivers be placed out of service for failing an English proficiency test. At the time of the EO, multiple reports stated that FMCSA’s 2016 decision to remove federal out-of-service requirements for driver English proficiency stemmed from the agency’s inability to substantiate the safety impacts of the rule.

Statements and next steps

In a press release, FMCSA head Derek Barrs said the Department of Transportation has pulled 26,000 truckers from the road for failing language tests. Barrs added that when a driver cannot read a steep grade, runaway truck ramp, or do not enter sign, people die, and that this rulemaking codifies commonsense safety into law. The deadline to comment on the proposal is Oct. 9. According to Safety+Health Magazine, the rule responds directly to the CVSA petition for consistent enforcement.

Alignment with existing standards

The proposed rule aligns federal standards with out-of-service criteria from the Commercial Vehicle Safety Alliance to achieve uniform enforcement across jurisdictions.