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PROPOSED RULECOMMENTS CLOSED OCTOBER 9, 2026

English Language Proficiency; Out of Service Criteria

Transportation Department / Federal Motor Carrier Safety Administration

FMCSA proposes to codify the English language proficiency (ELP) driver qualification requirement as an out-of-service (OOS) violation. The rulemaking would ensure uniform enforcement by aligning the Federal Motor Carrier Safety Regulations (FMCSR) with the current enforcement tolerances in the North American Standard Out-of-Service Criteria issued by the Commercial Vehicle Safety Alliance (CVSA). The rulemaking responds to a petition from CVSA.

Published August 10, 2026Document 2026-16288

What happens next

The comment period closed on October 9, 2026. The agency now reviews the comments. If it goes ahead, it publishes a final rule in the Federal Register that responds to significant comments. We link it here when it appears. See what is open for comment now.

From the Federal Register as of November 3, 2026. Deadlines can change; the official document governs. Not legal advice.

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