How many federal authorities now enforce the same English language proficiency rule?

As of May 2026, four government bodies are layered on the same underlying rule (49 CFR §391.11(b)(2)). FMCSA enforces it at the roadside under Memo MC-SEE-2026-0002 of April 16, 2026. The Commercial Vehicle Safety Alliance lists ELP failure as Out of Service in its North American Standard Out-of-Service Criteria, effective June 25, 2025, and refined in the April 1, 2026, print edition. Congress codified the Out-of-Service consequence in federal statute through the Consolidated Appropriations Act of 2026, signed February 3, 2026. And the Department of Labor’s Office of Foreign Labor Certification now requires the ELP qualification on foreign-driver labor certification filings, effective June 13, 2026.

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