English proficiency is moving from guidance to a rule. Here is the desk translation
FMCSA is converting English-language proficiency from guidance into a rule so a future memo cannot quietly unwind roadside practice at the scale.

Guidance can be swapped. A rule takes a date.
The receiver in Joliet wants a driver who can take a door assignment. The scale officer wants a clear answer about the load. That is already the job under 49 CFR 391.11(b)(2), which requires a driver to read and speak English enough to do the work and understand traffic signs. The August 7 news is about how hard that standard is to unwind, not about inventing it.
The August 7 release says FMCSA is moving ELP enforcement guidelines into a new rule so they cannot be weakened the way the department describes a 2016 policy that told inspectors not to place drivers out of service for ELP. A parallel Federal Register proposed rule already treats ELP as an out-of-service item aligned with CVSA criteria.
For a working driver, the distinction is simple enough to keep straight. A guidance memo can be swapped in a year. A final rule takes notice, comment, and an effective date. Until that date is on the books, treat roadside practice and the current FMCSR as the live standard — and assume inspectors are not treating ELP as optional.
Confirm the section and the proposed-rule docket on FMCSA.gov and the Federal Register before you write a policy for your own fleet. We will not paste campaign language from a headline into a qualification file. We will keep hiring against the job as it is actually done at the dock and at the scale.
What shippers should ask — and what they should leave off the confirmation
You can ask whether the driver on your freight can communicate at the dock and at the scale. That is a safety and service question. You do not need a political essay in the rate confirmation, and we will not put one there.
You can ask whether the driver can take a door assignment. You do not need a speech in the rate confirmation.
If a load is sitting because a driver went out of service on a qualification item, we will say the truck is late and whether we are covering or not covering. We will not guess a stranger’s paperwork from a clip, and we will not diagnose another carrier’s driver from a headline.
A delayed pickup from an OOS is a trip problem, not a lane-rate problem. If you need a replacement truck, call dispatch with the appointment as it stands. If you are onboarding an owner-operator, the same qualification file applies as company drivers — see owner-operator terms. For the 53′ work itself, dry van is the product page.
How we hire against this — and what stays off the ad
CDL-A, experience, and the ability to work the job in English with dispatch and customers. That is the bar, and it predates August 7. Campaign language stays on fmcsa.dot.gov. Our bar stays on Drive With Us and the equipment pages.
What we will not do is turn a codify announcement into a slogan, or tell a shipper we invented English as a standard this month. What we will do is keep the hire conversation in the language the dock and the scale already use, and pull a driver who cannot work that conversation before they get the keys.
Drivers apply at Drive With Us. Dispatch is +1 (847) 702-8181 if a live load has a communication problem at the door. Confirm 49 CFR 391.11 on eCFR if you are writing your own qualification policy — this page is desk translation, not legal advice.
Short glossary
The jargon, in the order it showed up — no extra theory.
- ELP
- English Language Proficiency: the FMCSR requirement that a CMV driver be able to read and speak English sufficiently to do the work and understand traffic signs.
- Out of service (OOS)
- An inspector determination that the driver or vehicle cannot continue until a violation is corrected, per CVSA criteria.
- Codify
- Turning a policy or guideline into a regulation published in the Code of Federal Regulations, with notice, comment, and an effective date.
Official sources
Read the government original first. This page is our translation for people who quote lanes and hire drivers — not a substitute for the rulebook.
- USDOT: codify ELP requirements (Aug 7, 2026) — Newsroom original.
- 49 CFR 391.11(b)(2) — Existing qualification standard.
- Federal Register: ELP out-of-service proposed rule — Rulemaking record.
This page is an industry briefing for shippers, brokers, and drivers. It is not legal advice. Confirm current rules in the Federal Register and on FMCSA.gov before you change a process.
FAQ
Is ELP new in 2026?
The regulation in 49 CFR 391.11(b)(2) is not new. What is moving is enforcement posture and an effort to lock that standard into a rule and out-of-service criteria.
Does this affect owner-operators we on-board?
Yes — the same qualification file as company drivers. See /drive/owner-operators for how we treat the logging device and the hire file together.
Will this delay my pickup?
Only if a specific driver is placed out of service. That is a trip problem we will say out loud, not a lane-rate problem baked into every quote.
Where do I read the actual section?
Read 49 CFR 391.11, linked under Official sources, plus the proposed-rule docket. Do not treat a newsroom headline as the regulation.
Clarify the next step for your situation
We'll call you back in about 5 minutes — rate, capacity, or driver hire.
Callback in ~5 minutes · no obligation
- Leave a short request
- We clarify your lane, freight, or CDL path
- You get a clear rate or next hiring step