FMCSA Proposes Out-of-Service for English Proficiency Violations

FMCSA Seeks Feedback on Proposed Rule

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 language 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 says the proposal comes in response to a petition from CVSA. The agency estimates that around 9,000 drivers could be placed out of service each year under changes enacted by the proposed rule.

Legislative and Regulatory Context

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 language proficiency test. The test includes a driver interview and an assessment of highway traffic sign recognition.

Provisions of the Code of Federal Regulations outline English language proficiency as a general qualification for drivers. 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.

At the time of the EO, multiple reports stated that FMCSA’s 2016 decision to remove federal out-of-service requirements for driver English language proficiency stemmed from the agency’s inability to substantiate the safety impacts of the rule.

Stated Benefits and Prior Actions

FMCSA adds that the primary benefit of this proposed rulemaking would be improved safety outcomes resulting from more uniform and consistent enforcement of driver qualification standards, according to Safety+Health Magazine. 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 stated: “When a driver can’t read a ‘Steep Grade,’ ‘Runaway Truck Ramp,’ or ‘Do Not Enter’ sign, people die. This rulemaking codifies commonsense safety into law.”

Comment Deadline

The deadline to comment on the proposal is Oct. 9.