Federal Crackdown on ELP Intensifies
Feds ramp up ELP enforcement
November 5, 2026 | Ryan Witkowski | Federal, News
Federal enforcement of English-language proficiency requirements for commercial drivers has accelerated, according to the latest figures from the Federal Motor Carrier Safety Administration.
FMCSA now reports that 33,000 drivers have been placed out of service for English-language proficiency violations. The figure represents an increase of 7,000 drivers from the 26,000 reported by the agency in August. That earlier total covered drivers removed from the road since April 2025, when President Donald Trump signed an executive order directing stricter enforcement of existing English-language proficiency standards.
The increase comes as the federal government continues to make ELP enforcement a central part of its commercial vehicle safety efforts. Under the requirement, commercial motor vehicle drivers must be able to communicate sufficiently with safety officials and understand traffic signs and other official communications.
U.S. Transportation Secretary Sean Duffy said the administration would continue enforcing the standard.
“Gone are the days of dangerous–and many times illegal and foreign–drivers putting American lives at risk on our roads. Under the Trump Administration, we are restoring law and order,” Duffy said in a statement. “We are not slowing down when it comes to keeping Americans safe on our roads.”
For professional drivers, the policy change means that an ELP violation can have an immediate operational consequence. A driver who does not meet the standard may be placed out of service, preventing that driver from continuing the trip until the violation is addressed.
Enforcement expands beyond policy guidance
The current enforcement approach began with a policy reversal in 2025 but has since been incorporated into federal law and the national out-of-service framework.
Congress codified the ELP out-of-service requirement in February 2026. The Commercial Vehicle Safety Alliance updated its official Out-of-Service Criteria handbook in April to include the requirement in print.
That change gives enforcement personnel a formal nationwide reference when determining whether a driver should be removed from service. It also makes ELP compliance more significant during roadside inspections, rather than treating language proficiency primarily as a background qualification issue.
FMCSA’s Operation SafeDRIVE demonstrated how the requirement is being applied in the field. Conducted from Jan. 13 through Jan. 15, 2026, the operation included 8,215 inspections across 26 states and Washington, D.C.
Inspectors placed 704 drivers and 1,231 vehicles out of service during the three-day operation. Approximately 500 of the driver out-of-service orders involved English-language proficiency violations. FMCSA described the effort as the operation’s “first wave,” indicating that additional enforcement phases may follow.
Border-zone rules clarified
FMCSA also has issued additional guidance concerning drivers operating in commercial zones along the U.S.-Mexico border.
On April 16, the agency issued a policy memorandum titled “English Language Proficiency Under § 391.11(b)(2)” under docket number MC-SEE-2026-0002. The memorandum updated guidance issued in May 2025 and clarified how inspectors should determine whether to issue an out-of-service order in a border commercial zone.
Under the guidance, enforcement personnel must first determine the scope of the driver’s current trip. The exception applies when the trip does not involve, and has not involved, transportation in the United States that would take the driver outside the U.S.-Mexico border commercial zones.
The policy applies to drivers operating commercial motor vehicles in interstate commerce in the United States, regardless of the driver’s or carrier’s country of domicile and regardless of whether the driver holds a U.S. CDL or a Mexican license.
FMCSA has also proposed clarifying that an out-of-service order should be issued for an ELP violation discovered within a border commercial zone when the driver’s current trip involves transportation elsewhere in the United States outside those zones. The agency’s rulemaking materials identify the proposal as docket FMCSA-2026-0826.
How the ELP assessment works
FMCSA’s enforcement policy directs inspectors to use a two-step assessment. The first step involves determining whether the driver can respond sufficiently to official inquiries. If the driver does not successfully complete that step, inspectors have been trained not to proceed to the second part of the assessment.
The agency has said its enforcement personnel have been trained to cite drivers who do not comply with the applicable requirements. The April policy memorandum became effective Oct. 6, 2026, according to FMCSA’s published information.
The rapid rise in out-of-service orders places greater importance on preparation for roadside inspections. Drivers operating in interstate commerce should be able to understand and respond to official questions and communicate with inspectors as required by the federal regulations.
With ELP requirements now reflected in federal law, agency policy and the CVSA out-of-service criteria, the standard has become a regular enforcement concern for drivers and motor carriers. The latest FMCSA figures show that enforcement is continuing at a substantially higher pace than earlier in the year.
