The English language proficiency story that started with Texas CDL schools in May now has three more dimensions: a federal court has blocked DOT’s attempt to pull CDL records from the states, three more states have walked away from non-domiciled CDL programs entirely, and FMCSA has moved to codify ELP violations as a formal out-of-service criterion.
Additionally, CVSA released the results from International Roadcheck 2026, with two data points that should get fleet managers’ attention, and FMCSA’s HOS pilot programs have completed their pre-test phase and are moving toward formal pilot design.
This month’s briefing covers the court block on CDL records, the ELP out-of-service NPRM, non-domiciled CDL opt-outs, CVSA Roadcheck 2026 results, five more ELD revocations, HOS pilot program updates, the Colorado Chain Law now in effect, and First Brands’ liquidation order.
Federal Court Blocks DOT’s Demand for CDL Database Records
A federal judge has issued a temporary stay blocking DOT’s attempt to access the Commercial Driver’s License Information System, or CDLIS, database. DOT sought the records to support its investigation into CDL school fraud and the improper issuance of CDLs. The court sided with the states, citing FMCSA’s own policy establishing that CDLIS records are owned by the states, not the federal government.
Twenty-one states and the District of Columbia joined the lawsuit. The court order goes further than just blocking record access. It also prevents DOT, DHS, and other agencies from taking any enforcement action based on a state’s refusal to hand over the data. The stay is temporary while the underlying lawsuit proceeds.
This creates an unusual situation: the federal government’s most aggressive CDL fraud crackdown in recent memory is now running up against states’ rights arguments over who owns driver licensing data. The outcome will have long-term implications for how federal agencies coordinate on driver qualification enforcement.
For fleets, there’s no direct compliance action here. But if you’ve been watching the CDL school fraud investigation covered in our past two briefings, this is a significant development in how far federal enforcement can reach.
Non-Domiciled CDL Programs: Three More States Exit as Enforcement Tightens
Colorado, Idaho, and Michigan have joined a growing list of states choosing to end or suspend their non-domiciled CDL programs, according to a Transport Topics report. These programs allowed drivers who live outside the U.S. to obtain a CDL issued by a U.S. state, a mechanism that has come under intense scrutiny for its role in the English language proficiency and CDL fraud issues covered in previous briefings.
The state-level exits are happening alongside the federal enforcement escalation. Together, they represent a structural narrowing of the pathway that allowed foreign-domiciled drivers to obtain U.S. CDLs without meeting the same requirements as domestic applicants.
Action item: If your fleet employs drivers who hold non-domiciled CDLs, review which state issued them and whether that program remains active. A CDL issued under a suspended program may face validity questions as enforcement evolves.
FMCSA Proposes Codifying English Language Proficiency as an Out-of-Service Violation
FMCSA has published a Notice of Proposed Rulemaking that would formally codify English language proficiency, or ELP, as an out-of-service violation in the Federal Motor Carrier Safety Regulations. The requirement itself isn’t new. ELP has been a driver qualification standard for decades. What’s new is making non-compliance a formal OOS criterion with consistent enforcement across all states.
The proposed rule would require all states participating in the Motor Carrier Safety Assistance Program, or MCSAP, to adopt the ELP OOS standard as a condition of maintaining their grant eligibility. That’s a significant lever since MCSAP funding is something no state wants to lose.
One carveout worth noting: the rule maintains a limited exception for drivers operating within the U.S.-Mexico border commercial zone, provided their trips don’t extend beyond those zones.
Action item: Comments are due October 9, 2026. Submit via Regulations.gov, Docket FMCSA-2026-0826. If your fleet operates in border zones or employs drivers for whom ELP compliance is a potential issue, this rule is worth responding to.
FMCSA English Language Proficiency NPRM: What the Rulemaking Would Change
To be precise about what the FMCSA ELP proposed rule does and doesn’t do: it doesn’t create a new requirement. ELP has been a federal driver qualification standard under 49 CFR Section 391.11, subsection b, paragraph 2, for decades. What it does is standardize enforcement by:
- Formally designating ELP non-compliance as an out-of-service violation under the North American Standard Out-of-Service Criteria
- Requiring all MCSAP-participating states to adopt the OOS standard as a condition of grant eligibility
- Maintaining a limited border zone exception for drivers whose trips stay within defined U.S.-Mexico commercial zones
The practical effect: a roadside inspector who encounters a driver who cannot communicate sufficiently in English will now have a clear, consistent federal framework for placing that driver out-of-service. Previously, enforcement varied significantly by state and inspector.
DOT, DHS, and DOJ Form Joint Task Force on CDL Fraud
DOT announced a formal interagency partnership with Homeland Security and the Department of Justice to address fraud in the trucking industry. The full announcement outlines a coordinated set of actions across agencies:
- USDOT: Remove 110 CDL schools that have passed more than 5,000 drivers who failed English proficiency tests; conduct an audit of third-party CDL skills testers
- DHS: Target more than 200 training schools across 23 states
- DOJ: Form a joint task force focused on criminal fraud in CDL issuance
This is the most coordinated federal action on CDL integrity to date. It also runs parallel to the court fight over CDLIS records, which means enforcement is advancing on one front while facing legal constraints on another. Watch for how the court case shapes which of these actions can proceed.
CVSA International Roadcheck 2026 Results: Medical Cards and English Proficiency Now Top Driver Violations
CVSA has released results from International Roadcheck 2026, held May 12 to 14 with a focus on ELD tampering and cargo securement. Of 54,575 inspections conducted across North America:
- 19% of CMVs, or 10,350 vehicles, were placed out-of-service
- 5.8% of drivers, or 3,184, were placed out-of-service
- 17,680 CVSA decals were issued to vehicles that passed comprehensive inspections with no OOS violations
Two driver violation trends stand out and deserve attention from fleet managers:
- Lack of a valid medical card jumped from the third most common driver violation last year, at 18%, to the number one violation this year, at 28%. That’s a significant shift. Medical card expiration is one of the most preventable OOS violations there is.
- English language proficiency appeared in the top violations list for the first time. Given that FMCSA is now moving to codify ELP as a formal OOS criterion, this data point is not a coincidence. It’s a preview of what consistent enforcement looks like.
Action item: Run a medical card audit now. A 10-percentage-point jump in OOS violations from expired medical cards in a single year means fleets that weren’t tracking expiration dates carefully are getting caught. This is fixable before the next enforcement event.
Colorado Chain Law Now in Effect: What CMV Operators Need to Know
Colorado’s Chain Law season is now underway and runs through May 31, 2027. Requirements apply to all vehicle types on designated mountain corridors: heavy trucks, straight trucks, buses, and passenger vehicles. The full requirements are on the Colorado State Patrol website, and CDOT has published a CMV chain-up tip sheet specifically for commercial vehicle operators.
Action item: If any of your routes run through Colorado mountain passes between now and May, verify your drivers are carrying compliant chains and understand when they’re required to chain up. A stop during an enforcement action without chains is an immediate OOS situation.
First Brands Ordered to Liquidate: Parts Supply Implications for Fleet Maintenance
U.S. Bankruptcy Judge Christopher Lopez has ruled that First Brands’ reorganization plan was “unconfirmable under any circumstances” and ordered the company into Chapter 7 liquidation. First Brands is one of the largest suppliers of aftermarket automotive and commercial vehicle parts in North America. Its brands include Bendix, Prestone, and others widely used in fleet maintenance programs. Trucks, Parts, Service has the details on the liquidation ruling, and Distribution Strategy Group covers the supply chain impact.
Liquidation means inventory will move through distressed channels, and parts availability from First Brands’ portfolio will become increasingly unpredictable as assets are wound down.
Action item: Audit your parts inventory and supplier dependencies now. If your maintenance program relies on First Brands products, particularly Bendix brake components or Prestone fluids, identify alternative suppliers before availability becomes a problem.
FMCSA Revokes 5 More ELDs: October 6 Replacement Deadline
FMCSA revoked five additional ELDs last month. Carriers using any of the affected devices must immediately revert to paper logs or compliant logging software and have until October 6 to replace them with devices from the FMCSA Registered Devices list.
Action item: Check the FMCSA ELD News and Events page to confirm whether your devices are affected. With 15 ELDs revoked across the past two months, the pace of revocations has accelerated. The October 6 deadline is days away, so don’t wait.
FMCSA HOS Pilot Programs Complete Pre-Test Phase: What’s Being Evaluated
FMCSA has completed the pre-test period for two hours-of-service pilot programs introduced in 2025, which ran May 18 through January 17. The agency will now review the pre-test data, refine program parameters, and implement formal pilot programs in 2027. The full information bulletin is on the FMCSA website.
Two programs are moving toward the formal pilot phase:
- Flexible Sleeper Berth Pilot Program: Would evaluate whether drivers can split sleeper berth time in any combination of two periods, provided the total reaches 10 hours and one period is at least five consecutive hours. Under current rules, the split must be 8 and 2, or 7 and 3.
- Split Duty Pilot Program: Would evaluate whether drivers can safely pause the 14-hour driving window for up to three hours each day when in a qualifying non-driving status.
Both programs address real-world driver fatigue patterns that the current fixed HOS structure doesn’t accommodate well. If the pilots produce positive safety data, they could eventually lead to permanent rule changes, which would be the most significant HOS update in years.
FMCSA Emergency HOS Exemptions: ICR Renewal Proposed Ahead of January 2027 Expiration
FMCSA has published an NPRM seeking OMB renewal of the information collection covering Emergency Exemptions under 49 CFR Section 390.25. The current approval expires January 31, 2027. The exemptions allow carriers providing direct emergency assistance to operate under modified HOS rules during declared emergencies, with reporting requirements attached. No changes to the exemption structure are being proposed.
Comments due October 26, 2026, via Regulations.gov, Docket FMCSA-2026-2476
PHMSA Hazmat Deregulatory Package: 17 Final Rules Modernizing Compliance Requirements
PHMSA published 17 final rules under the HM-268 deregulatory initiative, aimed at modernizing supply chains and reducing administrative burden for domestic shippers and carriers. Notable changes include:
- Revised definition of “aerosol” in Section 171.8
- Increased allowance for lithium batteries under the Materials of Trade exception in Section 173.6
- Emergency response information may now be displayed electronically rather than on paper
- Electronic payment now required for PHMSA registration fees
The full list of changes is on the PHMSA website. If your fleet moves hazardous materials, the electronic display change for emergency response information and the lithium battery threshold adjustment are the two most likely to affect day-to-day operations.
Upcoming Deadlines at a Glance
- Oct. 2: ATRI 2026 Top Industry Issues Survey closes
- Oct. 6: Deadline to replace 5 newly revoked ELDs, a 60-day window
- Oct. 9: Comments due on FMCSA English Language Proficiency NPRM, Docket FMCSA-2026-0826
- Oct. 18: ATRI 2026 Top Industry Issues results released at the ATA Management Conference, Charlotte, NC
- Oct. 26: Comments due on FMCSA Emergency Exemptions ICR renewal, Docket FMCSA-2026-2476
- Jan. 31, 2027: FMCSA Emergency Exemptions ICR expires, renewal pending
Lori Johnson is a compliance expert at Fleetworthy, where she monitors regulatory developments across FMCSA, DOT, CVSA, EPA, PHMSA, and state agencies. This briefing is published monthly to help fleet operators stay ahead of changes that affect their business.
Have a compliance question or topic you’d like covered? Contact us at fleetworthy.com.