FMCSA Proposes English Proficiency Rule and Out-of-Service Costs

A proposed rule published on August 10, 2026, would make English language proficiency violations an out-of-service condition for commercial drivers. The agency estimates that about 9,000 drivers would be placed out of service each year in border commercial zones.

FMCSA calculates the daily cost at $800 for an average of two days. This creates an estimated annual expense of $14.4 million for motor carriers. The agency notes that this figure includes extra costs beyond standard vehicle downtime. It also states that it is unclear if the estimate covers finding and dispatching a replacement driver.

The comment period closes on October 9. FMCSA specifically requests carrier data on how long drivers remain out of service for language violations. The agency also wants to know the actual financial impact of those delays. Many fleets do not currently track these specific numbers.

Out-of-service orders create costs beyond the initial repair bill. Fleets often pay higher rates for emergency roadside service and towing. Drivers may lose pay, require hotel stays, or face hours-of-service restrictions. Missed delivery windows can trigger shipper charges ranging from $50 to $100 per hour.

Recovery efforts add further expenses. Carriers may need to pull another tractor or driver from a different route. These disruptions can lower Safety Measurement System scores and affect insurance rates over time. The 2026 International Roadcheck campaign placed 19 percent of vehicles and 5.8 percent of drivers out of service.

Carriers can reduce these expenses by tracking total downtime and repair costs. Planning ahead for roadside service and parts availability helps limit delays. Understanding the full financial impact of each stop allows fleets to adjust their maintenance and dispatch procedures.

Source: Heavy Duty Trucking — https://www.truckinginfo.com/articles/what-an-out-of-service-order-really-costs-and-how-to-plan-for-one