Newsletters Contact Us
Industry InsightsRisk & CompliancesThe Playbook

Will Texas Enforce FMCSA English Proficiency Rules for Intrastate CDL Drivers?

Carve-out in Texas law may conflict with federal grant eligibility rules. FMCSA enforcement guidance may force a reckoning

Rob Carpenter
·
Gemini Sparkle

Key Takeaways:

  • Texas allows intrastate commercial drivers to operate without English proficiency, unlike the federal requirement.
  • A new FMCSA enforcement directive mandates English proficiency for interstate drivers, potentially jeopardizing Texas's federal funding (MCSAP).
  • Texas's non-enforcement of English language proficiency for intrastate CDLs may face increased federal scrutiny, impacting its MCSAP funding and potentially causing border state complications.
  • Fleets operating in Texas must carefully ensure compliance, as the exception for intrastate operations may be challenged, especially with interstate operations or loads crossing state lines.
Key takeaways sponsored by SONAR
See a mistake? Contact us.

In Texas, drivers who cannot read or speak English may still be issued commercial driver’s licenses if they operate solely within the state’s borders. This policy is not new. Per Texas Transportation Code § 522.043(b), the state prohibits requiring English language proficiency for intrastate-only CDL holders. The Texas Administrative Code and the official Texas Commercial Motor Vehicle Driver Handbook support this stance, noting that ELP only applies to interstate drivers.

But a new enforcement directive from FMCSA, effective June 25, states that any commercial motor vehicle (CMV) driver failing to meet the English proficiency standard under 49 CFR 391.11(b)(2) will be placed out of service if operating in interstate commerce. The issue? Texas isn’t enforcing this for intrastate fleets and never really has.

Federal Funds at Risk? MCSAP Says Maybe

This enforcement discretion may violate the Motor Carrier Safety Assistance Program (MCSAP), a federal grant program that gives states funding for enforcement in exchange for aligning with FMCSA safety regulations.

49 CFR 350.305 outlines the limited list of allowable state-level variances. English proficiency isn’t one of them. So, unless Texas has formally petitioned FMCSA for a variance – and DPS leadership confirms the state hasn’t – Texas’ refusal to enforce this could jeopardize MCSAP funding.

TDPS Says No to ELP Enforcement, But FMCSA Says That’s Changing

The Playbook directly messaged leadership at Texas DPS, and the agency stated that it does not have a formal FMCSA-approved exemption. However, historically, FMCSA has turned a blind eye. That leniency may be coming to an end.

Texas never enforced English proficiency for Intrastate drivers before the 2014-2015 FMCSA enforcement directive and still hasn’t. But now, with FMCSA saying ELP violations will result in out-of-service orders, the conversation is shifting. Texas may be forced to act if FMCSA chooses to enforce funding eligibility under MCSAP.

What’s at Stake for Fleets?

For now, fleets operating intrastate in Texas may continue employing non-English-speaking drivers with a restricted CDL if they stay within the state. But carriers need to be extremely careful:

  • Interstate operations are subject to federal ELP enforcement. That includes for-hire and private carriers operating across state lines or hauling loads that begin or end outside Texas.
  • MCSAP enforcement could force Texas to revise its policies or risk losing significant federal funding.
  • Border state complications may emerge. As a border state, Texas is uniquely exposed to federal scrutiny, especially given the broader political climate and FMCSA’s evolving enforcement stance.

Compliance Is No Longer Optional

The key takeaway? Carriers must evaluate whether their drivers are genuinely intrastate and ensure their CDL designations, load documentation and operational areas support that claim. The days of looking the other way on English proficiency may be numbered.

As the FMCSA steps up enforcement and grant eligibility becomes more stringent, states like Texas may be forced to close the gap between state law and federal expectations or risk the financial and regulatory fallout.

Rob Carpenter

Rob Carpenter is an independent writer for FreightWave "The Playbook", TruckSafe Consulting, Motive, and other companies across the freight industry. He is an expert in accident analysis and safety compliance and spends most of his time as a rist control consultant. Rob is a CDL driver with all endorsements and spent over 2 decades behind the wheel of a truck. He is an adviser to the Department of Transportation and a National Safety Council driving instructor.