The Federal Motor Carrier Safety Administration’s (FMCSA) new English Language Proficiency (ELP) requirements for commercial drivers officially took effect on June 25, but enforcement has been anything but consistent. Carriers now face a confusing patchwork of state-level approaches, uncertain inspection standards, and evolving federal guidance.  

If your drivers aren’t prepared, those inconsistencies can lead to costly out-of-service (OOS) orders and delayed deliveries. Here’s what’s happening, why it matters, and how carriers can proactively respond.  

What the new ELP rules require

Following an April 28 Executive Order from President Trump, the FMCSA issued new guidance on May 20 outlining ELP evaluations. The new process includes:  

• A two-part interview: Drivers must complete a verbal interview in English. 
• Road sign recognition: Drivers must correctly identify and interpret common U.S. highway signs. 

These new ELP checks are now part of standard roadside inspections, adding another layer of compliance for fleets.  

Confusing enforcement: What’s actually happening on the ground

Since the rule went into effect, over 4,200 drivers have been placed OOS for failing ELP requirements, according to FMCSA data presented at the CVSA Annual Conference and Exhibition from Sept. 21-25 in Denver, where Scott Stofer represented Transflo. But enforcement varied dramatically from state to state as of last month:  

• Washington: Only 4 drivers placed OOS 
• New Mexico: 0 drivers placed OOS 
• California: Drivers often receive warnings and are told to improve their English, not removed from service 

The inconsistency has drawn sharp criticism from the Department of Transportation (DOT). Transportation Secretary Sean Duffy has even threatened to withhold Motor Carrier Safety Assistance Program (MCSAP) funding from states with low enforcement rates, including $33 million for California, $10.5 million for Washington, and $7 million for New Mexico.  

A new twist: Southern border ELP exemptions

FMCSA has also introduced new (but not yet formally published) guidance allowing exemptions for drivers stopped in Special Economic Zones (SEZs) along the U.S. – Mexico border (defined under 49 CFR 372).  

• Drivers failing the ELP evaluation in these zones will receive a violation but will not be placed out of service.  
• Currently, no official map exists outlining these SEZ areas, creating additional confusion for carriers and enforcement officers alike.  

Why enforcement is so inconsistent

Two major issues are driving the uneven enforcement landscape: 

1. Lack of standardized procedures: FMCSA guidance does not clearly define how inspectors should conduct evaluations, leaving too much room for interpretation. 
2. Unclear remediation steps: Drivers who fail often aren’t given clear instructions on how to return to service, adding complexity to carrier response plans.  

What carriers should do now

Carriers currently only have access to the redacted memo and the original FMCSA Carrier Guidance Document. While facing non-standardized inspection procedures, it’s important to cover all bases with your drivers, especially when clearing drivers who have already been put out of service.  

Until enforcement becomes more consistent nationwide, carriers must take a proactive approach. Here are the most important steps you can take to protect your operations: 

Train beyond the basics

Don’t guess what the ELP test might include, overprepare instead.  

• Incorporate conversational English training with a focus on trucking-specific vocabulary.  
• Train drivers on highway signage using resources like the FHWA Manual on Uniform Traffic Control Devices, including road markings, highway signs, and traffic signals.  

Test internally and frequently

Run regular internal ELP assessments before roadside inspectors do.  

• Frequent testing identifies weaknesses early and allows time for corrective training.  
• Include ELP checks in your onboarding and ongoing driver evaluations.  

Hire with ELP in mind

Strengthen your recruitment process by including comprehensive language assessments during hiring.  

• Go beyond basic yes/no questions and simulate real roadside interviews.  
• Consider language proficiency a core qualification, not a secondary skill. 

Have a recovery plan

Despite your best efforts, some drivers may still face OOS orders. Be prepared with a plan for:  

• Rapid driver support and language remediation. 
• Vehicle recovery logistics.  
• Load completion strategies to minimize service disruption.  

Looking ahead: Level VIII inspections and beyond

In other discussions from the CVSA conference, the Level VIII inspection program continues to steadily progress forward. However, there are still lots of questions to be answered and lots of work still to do to get to the goal of fully automating inspections. Currently, the program is limited to 6 enterprise carriers participating in the testing phase. 

However, Beyond Compliance is a promising trend that emerged from conference discussions. This approach could incentivize carriers of all sizes to invest in safety culture before large-scale rollout of Level VIII inspections, potentially creating pathways for smaller operations to benefit from technological advancements in compliance. 

Key inspection and compliance dates for 2026

• International Roadcheck: May 12-14, 2026 
  • Vehicle focus: Cargo securement 
  • Driver focus: ELD tampering and false logs 
• Safe Driving Week: July 12-18, 2026 
  • Focus: Aggressive driving behaviors and seatbelt use 

Final takeaway: Preparation is your best defense

The ELP rule isn’t going away, but its enforcement remains inconsistent, confusing, and evolving. Until FMCSA standardizes inspection practices, carriers must overprepare rather than overreact.  

Thorough driver training, regular internal assessments, and a well-defined recovery plan are the keys to minimizing risk and avoiding costly OOS orders in today’s uncertain compliance environment.