Originally published at: FMCSA designates English proficiency ‘safe zones’ - FreightWaves
FMCSA clarifies that while most English proficiency failures now trigger out-of-service orders, truck drivers in designated border zones will be allowed to continue their routes.
Um, somebody might want to tell @FMCSA that this became Federal Law YESTERDAY!
SEC. 131 The Secretary shall update the Department’s regulations to ensure that non-compliance with section 391.11(b)(2) of title 49, Code of Federal Regulations, triggers an out-of-service order.
FOR IMMEDIATE RELEASE
February 6, 2026
Washington, DC
Last week, the Small Business in Transportation Coalition (SBTC) applauded Florida Governor Ron DeSantis and the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) after the agency announced that, beginning today, all driver license knowledge and skills examinations will be administered exclusively in English, including CDL exams.
“Just as FLHSMV has gone in the right direction today, it appears the Federal Motor Carrier Safety Administration (FMCSA) has once again taken a step backwards on the English language proficiency (ELP) issue this week by creating through “guidance” three “Safe Zone” Exemptions from Federal Motor Carrier Safety Regulations that have been in place since 1937 under 49 CFR 391.11(b)(2). Astonishingly, this move to dilute ELP enforcement comes within just hours of Congress passing a new, more ELP-related out-of-service mandate in the Consolidated Appropriations Act,” SBTC Executive Director James Lamb said today.
Lamb referred to new guidance issued by @FMCSA reported at FMCSA designates English proficiency ‘safe zones’ - FreightWaves and a provision of the Transportation part of the 6 bill Consolidated Appropriations Act package signed into law by President Trump this week.
“This guidance was apparently issued right after the Consolidated Appropriations Act was signed into law, which shows it is now a national priority of Congress to get more strict with ELP enforcement, not get more lenient,” Lamb asserted.
In an email to @SecDuffy and @FMCSA Administrator Barrs today, SBTC wrote today:
"Please reconsider and revoke the new ELP exemptions and allign FMCSA with Congress’ new directive:
SEC. 131 The Secretary shall update the Department’s regulations to ensure that non-compliance with section 391.11(b)(2) of title 49, Code of Federal Regulations, triggers an out-of-service order."
“We don’t know who is being kept “safe” by these new “Safe Zones,” Mr. Secretary (@SecDuffy), but it certainly is not the motoring public,” Lamb concluded.
/JAMES LAMB/, Executive Director
Small Business in Transportation Coalition, Inc. (“SBTC”)
aka Truckers.com
www.smalltransportation.org
1775 I. (Eye) Street, NW, Suite 1150
Washington, DC 20006
@JimLambUSA
(202) 587-2751
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Even the Feds are acknowledging this ELD OOS isn’t really workable, eh?