The Federal Motor Carrier Safety Administration (FMCSA) is moving to codify English-language proficiency (ELP) enforcement into permanent federal trucking regulation, a step that would make the requirement significantly harder for future administrations to roll back.

U.S. Transportation Secretary Sean P. Duffy announced Friday that FMCSA has issued a notice of proposed rulemaking to formalize guidelines requiring commercial drivers who cannot sufficiently read or speak English, or comprehend highway traffic signs and signals, to be placed out of service.

The underlying English proficiency requirement has existed in federal trucking regulations for years under 49 CFR 391.11(b)(2), but enforcement severity has shifted across administrations. Under the Biden administration, FMCSA directed inspectors to cite rather than sideline drivers for ELP violations. The Trump administration reversed that approach, reinstating out-of-service enforcement as standard practice. Codifying the policy through formal rulemaking would lock in the stricter enforcement framework beyond a single administration's tenure.

According to the Department of Transportation (DOT), more than 26,000 commercial drivers have already been sidelined for failing to meet ELP requirements since the Trump administration reinstated strict enforcement.

"Federal law is clear: drivers who can't read or speak English — our national language — or understand road signs are unqualified to operate 80,000-pound big rigs on America's highways," Duffy said in a statement. "By making these commonsense English proficiency standards permanent, we are closing a dangerous loophole that has cost Americans their lives."

DOT stated that the proposed rule would also create a uniform nationwide standard, ensuring all states apply the same out-of-service requirement consistently.

The regulation carries notable implications for cross-border trucking operations, particularly as freight movement between the U.S. and Mexico has expanded under the United States-Mexico-Canada Agreement (USMCA). Per DOT, the proposal specifically addresses enforcement involving drivers traveling between Mexico and the United States. Under the rule, drivers who fail an English-language evaluation would be required to be placed out of service before proceeding beyond the designated commercial border zone.

Land Line reported that drivers operating outside the U.S.–Mexico border zone who fail federal ELP requirements would face out-of-service orders. However, drivers operating exclusively within the border zone would not be placed out of service unless inspectors have evidence they have operated, or intend to operate, beyond that zone. The proposal does not specify the duration of an ELP-related out-of-service order.

This border-zone distinction is significant because Mexico-based carriers and drivers are currently permitted to conduct certain cross-border operations within designated commercial zones along the southern border.

The Houston-based Professional Trucking Association Group (PTAG) voiced its support for standardized English-language proficiency requirements in a Facebook post on Sunday.

"Standardizing English-language proficiency for Class A CDL holders is a fundamental safety requirement, not an unnecessary barrier," PTAG stated.

The organization emphasized that drivers need adequate English skills to read road signs and traffic alerts and to communicate effectively with law enforcement, inspectors, and emergency responders. PTAG argued that permanent proficiency standards would advance "consistent operational safety, accountability, and fairness across the entire national supply chain."

The notice of proposed rulemaking initiates a public comment period before FMCSA can finalize the rule. Given the scale of drivers already affected and the cross-border freight implications, industry groups, labor organizations, and trade partners are likely to weigh in during the comment window before the rule can be finalized.