NOTE: This guidance revises FMCSA-DQ-391.11-ELP-Policy-CVSA-FAQs (2026-02-03), rescinded on April 16, 2026.

FMCSA-DQ-391.11-ELP-Policy-CVSA-FAQs (2026-04-16) 

English Language Proficiency Roadside Enforcement Policy FAQs

Question 1: The guidance includes an exception in the “Applicability” section for drivers “operating commercial motor vehicles in the border commercial zones along the U.S.-Mexico border.” The guidance directs inspectors to cite the violation but not place the driver out of service. CVSA is seeking clarification regarding:

Question 1a: Who this exception applies to?

Answer 1a:  FMCSA’s internal agency enforcement policy (MC-SEE-2026-0002) applies to all drivers operating a CMV in interstate commerce in the United States. The exception in the enforcement policy applies to those drivers whose current trip would not involve or has not involved transportation in the U.S. that would take the driver outside of the U.S.-Mexico border commercial zones, irrespective of the driver or motor carrier’s country of domicile or whether the driver holds a U.S. CDL, Mexican Licencia Federal de Conductor, or Canadian CDL.

Question 1b: If a driver with a valid U.S. CDL, operating for a U.S. domiciled company is stopped in a commercial zone along the U.S.-Mexico border and fails the ELP evaluation, should they be placed out of service?

Answer 1b: When performing inspections of drivers operating commercial motor vehicles in the border commercial zones along the U.S.-Mexico border, enforcement personnel should determine the scope of the driver’s current trip before applying the OOS criteria.  If the driver’s current trip involved, or would involve, transportation in the U.S. outside of the U.S.-Mexico border commercial zones, they should cite the driver for violating 49 CFR § 391.11(b)(2) and place the driver OOS if the driver fails the ELP assessment.  If the driver’s current trip does not involve transportation in the U.S. that took, or would take, the driver outside of the U.S.-Mexico border commercial zones, they should cite the driver for violating 49 CFR § 391.11(b)(2) but not place the driver OOS if the driver fails the ELP assessment.

Question 1c: Please define “border commercial zones along the U.S.-Mexico border,” for clarity.

Answer 1c: Commercial zones are defined in 49 CFR Part 372, subpart B.  In general, the size of the commercial zones for border municipalities are based on the size of the population of the municipality (see 49 CFR § 372.241).  The size ranges from 3 to 20 miles.  In addition, the Cameron, Hidalgo, Starr, and Willacy Counties, TX; the City of El Paso, TX; and the New Mexico commercial zones (see 49 CFR §§ 372.237, 372.247, and 372.245) are also considered “border commercial zones along the U.S.-Mexico border.”

Question 2:  Direction from FMCSA indicates that if a driver fails the first portion of the evaluation, the inspector should not proceed to the signs portion. As a result, CVSA believes a driver can only fail one portion of the evaluation – no driver should be cited for failing both portions and only one out-of-service condition exists. However, subsequent materials from FMCSA seemed to indicate that a driver could fail “either or both portions” of the evaluation. Can FMCSA please confirm which is correct?

Answer 2:  FMCSA’s internal agency enforcement policy (MC-SEE-2026-0002) states if the commercial motor vehicle (CMV) driver is unable to respond sufficiently to official inquiries as outlined in Step 1, the inspector should not proceed to Step 2 of the ELP Assessment.  FMCSA enforcement personnel have been trained to skip Step 2 of the ELP assessment procedure if the CMV driver does not successfully complete Step 1.  They have also been trained to cite non-compliant drivers in accordance with the enforcement policy.

Question 3:  Has FMCSA implemented hardcoding to ensure that all violations of 49 CFR § 391.11(b)(2) are out-of-service violations (with the exception of the exempted applicability for drivers operating commercial motor vehicles in the border commercial zones along the U.S.-Mexico border)? If not, does the agency intend to do so? When?

Answer 3: Yes. The three violation codes were implemented in SafeSpect on June 25, 2025. SafeSpect does not allow enforcement personnel to alter the out-of-service designation of the three violation codes associated with 49 CFR § 391.11(b)(2): 391.11B2Q; 391.11B2S; and 391.11B2Z. This ensures that each violation of 49 CFR § 391.11(b)(2) associated with violation code 391.11B2Z (relating to commercial zones) will be appropriately marked as a non-out-of-service violation and that all other violations of 49 CFR § 391.11(b)(2) (associated with violation codes 391.11B2Q and 391.11B2S) will be appropriately marked as out-of-service violations.

Question 4:  Please clarify the meaning/intent of the language on page 5 of the guidance that reads “when warranted, initiating an action to disqualify the driver from operating commercial motor vehicles in interstate commerce.”

Answer 4:  This phrase refers to an FMCSA process for initiating a driver qualification proceeding. In accordance with 49 CFR § 386.11(a), FMCSA may commence a driver qualification proceeding by issuing a letter of disqualification.  This process may not be applicable to other enforcement agencies.  FMCSA recommends any other enforcement agency consult with their legal counsel on the applicability of this process for their use.

Contact Info: FMCSA Information Line, 1-800-832-5660.

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Note: This guidance is not legally binding in its own right and will not be relied upon by the Department as a separate basis for affirmative enforcement action or other administrative penalty. Conformity with this guidance (as distinct from existing statutes and regulations) is voluntary only, and non-conformity will not affect rights and obligations under existing statutes and regulations. 

Regulatory Topic: English Language Proficiency Roadside Enforcement Policy 

Effective Date: Thursday, April 16, 2026

Issued Date: Thursday, April 16, 2026