English Language Proficiency Enforcement: FMCSA Provides Clarity

FMCSA Clarifies English Language Proficiency Enforcement Policy

The Federal Motor Carrier Safety Administration has issued new guidance to explain how English Language Proficiency (ELP) rules should be enforced during roadside inspections.

The update responds to questions raised during a September 2025 meeting of the Commercial Vehicle Safety Alliance Training Committee. FMCSA said the goal is to remove confusion and improve consistency during inspections.

When English Language Proficiency Rules Apply

FMCSA confirmed that its English Language Proficiency enforcement policy applies to all drivers operating commercial motor vehicles in interstate commerce in the United States.

The policy applies no matter where a driver is from. It also applies no matter where a motor carrier is based. The type of commercial driver’s license does not change how the policy applies.

However, FMCSA explained that a limited exception exists in certain locations along the U.S.-Mexico border.

Exception in Border Commercial Zones

Drivers inspected in border commercial zones along the U.S.-Mexico border are treated differently under the English Language Proficiency policy.

If a driver fails the ELP evaluation in these zones, inspectors should still issue a citation. However, the driver should not be placed out of service.

Inspectors should also avoid starting any process to disqualify the driver. This guidance applies even if the driver holds a valid U.S. CDL and works for a U.S.-based carrier.

How Border Commercial Zones Are Defined

Border commercial zones are defined in federal regulations under 49 CFR Part 372.

In most cases, the size of a border commercial zone depends on the population of the border city. These zones usually range from 3 miles to 20 miles.

FMCSA also confirmed that some locations are always treated as border commercial zones. These include Cameron, Hidalgo, Starr, and Willacy counties in Texas. The City of El Paso, Texas, is also included. Certain commercial zones in New Mexico are included as well.

English Language Proficiency Evaluation Steps

FMCSA explained that the English Language Proficiency evaluation has two steps.

The first step is a driver interview. During this step, inspectors assess the driver’s ability to communicate in English. The second step involves recognizing and understanding highway traffic signs.

If a driver does not pass the interview, inspectors should not continue to the second step. FMCSA said enforcement staff have been trained to stop the evaluation after Step One when a driver fails.

Because of this process, a driver should only fail one part of the ELP evaluation during an inspection.

How ELP Violations Are Recorded

FMCSA also explained how English Language Proficiency violations are recorded in the SafeSpect inspection system.

Three violation codes tied to 49 CFR § 391.11(b)(2) were added to SafeSpect on June 25, 2025. Inspectors cannot change whether these violations are marked as out of service.

Violations that occur inside border commercial zones are automatically marked as non-out-of-service violations. Violations that occur outside these zones are automatically marked as out-of-service violations.

This setup helps ensure consistent enforcement across states and jurisdictions.

English Language Proficiency and Driver Disqualification

FMCSA also clarified language related to driver disqualification in the English Language Proficiency guidance.

The agency said this language refers to its internal driver qualification process. Under federal rules, FMCSA may begin this process by sending a letter of disqualification to the driver.

FMCSA noted that this process may not apply to state or local enforcement agencies. The agency advised those agencies to consult legal counsel before using similar procedures.

Guidance Is Not Legally Binding

FMCSA stressed that the English Language Proficiency guidance is not legally binding by itself. It does not create new penalties or enforcement authority.

Following the guidance is voluntary. Not following it does not change rights or duties under existing federal laws and regulations.

Drivers and carriers with questions can contact the FMCSA Information Line at 1-800-832-5660.