Welcome to your September 2026 Compliance+ Regulatory Update. Each month, we compile the most important regulatory developments, enforcement trends, and compliance reminders so you can stay ahead of the curve. As always, reach out to us with any questions about how these updates affect your operation or how we can help!
1. FMCSA Proposes to Codify English Language Proficiency as an Out-of-Service Criterion
One of the most significant regulatory proposals this past month is FMCSA's Notice of Proposed Rulemaking (NPRM) to formally codify English language proficiency (ELP) as an out-of-service (OOS) violation. If finalized, this rule would solidify ELP as an OOS condition within the regulations themselves, making it difficult for future administrations to roll it back.
Key points for fleet operators:
The existing requirement is not new. 49 CFR §391.11(b)(2) has long required that a regulated driver be able to read and speak the English language sufficiently to converse with the general public, understand highway traffic signs and signals, respond to official inquiries, and make entries on reports and records. What has changed recently is the elevation of ELP violations to OOS status at roadside. For more information on this topic, check out our ELP resources.
OOS designation means immediate removal from service. Under the current enforcement guidance and the proposed rule, a driver who cannot demonstrate sufficient English proficiency at a roadside inspection is to be placed out of service — meaning the vehicle cannot move until a compliant driver takes over or the situation is resolved.
State-level ELP enforcement is already moving independently. Iowa's SF 2426, which requires English proficiency for CDL holders operating within the state, and similar state laws have gained traction. Fleets should closely watch this from a state level. Read our full analysis: Iowa English Proficiency Law Progresses Through State Legislature: What SF 2426 Means for Carriers.
The NPRM comment period is your opportunity to weigh in. FMCSA is accepting public comments on the proposed rule. Carriers with concerns about implementation should consider submitting comments. For a full breakdown of the proposal, read: FMCSA Proposes to Codify English Language Proficiency as an Out-of-Service Violation.
Action Item: Develop an English proficiency screening protocol as part of your driver qualification process and brief your safety team on how this proposed change could affect roadside inspections. For compliance guidance, contact our team.
2. Freedom Haulers: The New Veteran CDL Initiative and What It Means for Fleet Recruiting
The current administration has introduced the Freedom Haulers initiative, a new veteran CDL pathway designed to accelerate the process by which honorably discharged military veterans can obtain a commercial driver's license. For fleet operators facing persistent driver shortages, this represents a meaningful recruiting opportunity — but also some compliance nuances worth understanding before you begin onboarding veteran candidates under this program.
The initiative streamlines CDL testing and skills waivers for veterans. Qualified veterans with recent CMV experience in the military may be eligible for waived skills testing requirements, similar to existing military exemption provisions under 49 CFR §383.77. The Freedom Haulers program is designed to expand and formalize these pathways.
Standard DQ file obligations still apply . Regardless of how a driver obtained their CDL, your driver qualification file requirements under 49 CFR Part 391 remain unchanged. Motor vehicle record checks, medical certifications, employment history verifications, road tests or equivalent documentation, and Clearinghouse queries are all still required.
This is a recruiting pipeline, not a compliance bypass. Some carriers have historically made the mistake of assuming that programs expediting CDL issuance also reduce their own onboarding obligations. They do not. The carrier's duty to perform a thorough pre-employment investigation is independent of how the CDL was issued.
For a complete breakdown of program eligibility, DQ file implications, and how to build a veteran-forward recruiting pipeline while staying compliant, read our full article: Freedom Haulers: What Fleet Owners & Safety Directors Need to Know About the New Veteran CDL Initiative.
Action Item: If you're interested in tapping into the veteran driver pipeline, review your onboarding and DQ file procedures now. Ensure your team understands which CDL qualification steps may be waived under the program and which carrier-side obligations are never waived.
3. Non-Domiciled CDL Enforcement: Still Accelerating — And Now There's a Lawsuit
The non-domiciled CDL enforcement wave that has been building throughout 2026 shows no signs of slowing. Indiana has now revoked nearly 1,800 non-domiciled CDLs under its new state law, California has announced the cancellation of approximately 13,000 non-domiciled CDLs, and FMCSA has issued additional guidance clarifying its final rule requirements, all in the span of a few months. And now, states are fighting back in court.
FMCSA's final rule on non-domiciled CDLs is in effect. The rule establishes new requirements for how states must handle CDLs issued to non-domiciled drivers, including enhanced verification obligations and, in many cases, revocation of CDLs that do not meet the new standards. Read our full breakdown: FMCSA Issues Final Rule on Non-Domiciled CDLs.
FMCSA's new guidance adds clarity and compliance urgency. Following the final rule, FMCSA published additional guidance addressing specific implementation questions. If you employ drivers who hold non-domiciled CDLs, this guidance is essential reading: FMCSA Issues New Guidance Clarifying Non-Domiciled CDL Final Rule Requirements.
Indiana and California actions are the most visible, but this is a nationwide issue. Indiana's revocation of nearly 1,800 CDLs (details here) and California's cancellation of 13,000 CDLs (details here) are significant in scale, but carriers in every state should be auditing their driver rosters for non-domiciled CDL exposure.
States are now suing FMCSA over CDLIS data access demands. In a significant legal development, a coalition of states has filed suit against FMCSA challenging the agency's authority to compel state access to Commercial Driver's License Information System (CDLIS) data as part of the non-domiciled CDL verification process. The outcome of this litigation could affect how — and how quickly — states are able to identify and revoke non-compliant CDLs. For full details: States Sue FMCSA Over CDLIS Data Demand.
Carrier liability is real and immediate. A driver whose CDL has been revoked is not legally qualified to operate a CMV. If you dispatch a driver with a revoked CDL, even unknowingly, you face serious liability exposure. Your MVR monitoring and Clearinghouse query processes are your primary defenses.
Action Item: Run current MVRs on any driver in your fleet who holds a CDL issued by a state other than their state of domicile. Confirm CDL validity and monitor for revocation notices. If your DQ file process needs an overhaul, our audit readiness team can help.
4. NRII Waiver Expires October 11 — Are You Ready for What Comes Next?
FMCSA's extended National Registry of Certified Medical Examiners Integration (NRII) waiver — which has allowed carriers and drivers to continue using paper medical certificates in lieu of full electronic integration for CDL drivers — expires on October 11, 2026. With that deadline now less than six weeks away, this is not the time to assume another extension is coming.
The waiver has been extended multiple times, but do not plan around another extension. Each prior extension has been accompanied by FMCSA communications about ongoing technical implementation challenges. Carriers who have been treating the waiver as a permanent workaround are taking on compliance risk. Read the full NRII waiver update: FMCSA Extends NRII Waiver Through October 11, Continuing Paper Medical Certificate Relief.
Your DQ file obligations are unchanged regardless of the waiver. Under 49 CFR §391.45, every driver subject to physical qualification requirements must have a current, valid medical certificate. The waiver affects the format and timing of electronic reporting, not the underlying requirement for drivers to be medically certified and for that certification to be documented in your driver qualification files.
Monitor FMCSA for announcements in September and early October. If FMCSA announces another extension, we will cover it in our next Compliance+ Update. If no extension is announced, you need to be operationally ready for the post-waiver environment. Make sure your CDL drivers have valid medical certifications by running MVRs to confirm that fact.
The 60-day paper certificate rule still applies during the waiver period. CDL drivers who receive a physical examination may present a paper certificate for up to 60 days following their exam while the waiver is in effect. After that window, their medical qualification must be confirmed through the state licensing system via the driver's MVR.
Action Item: Conduct a DQ file audit for all drivers before October 11. Confirm that every driver has a current, valid medical certificate on file and that your process for capturing post-waiver medical qualification documentation is in place. If your DQ files haven't been audited recently, start with our audit readiness review.
6. Q4 Compliance Prep: What to Put on Your Radar Before Year-End
With year end approaching, now is the right time to begin your Q4 compliance preparation. Here are the priority areas fleet safety directors and compliance officers should be focusing on before year-end:
Annual Clearinghouse query completion. If you have CDL drivers employed continuously since before January 1, 2026, their annual Clearinghouse query must be completed by December 31, 2026. Do not let this slip — a missed annual query is a direct violation of 49 CFR §382.701(b) and one of the most common DQ file deficiencies found during compliance reviews.
Random drug and alcohol testing pool audit. Confirm that your random testing pool is current, that your testing rate is on track for full-year compliance, and that any positive results or refusals have been properly processed through the Clearinghouse and your Substance Abuse Professional (SAP) referral process.
MCS-150 biennial update check. If your USDOT number is due for its biennial update in the second half of 2026, confirm it has been filed. Late or missing MCS-150 updates can result in deactivation of your USDOT number — an operational disruption no carrier wants.
MOTUS system readiness. FMCSA's MOTUS registration modernization system continues its rollout. Carriers who haven't yet reviewed what the MOTUS transition means for their registration and operating authority management should do so now. Full overview: FMCSA's MOTUS System: 2026 Rollout To Transform Registration Process.
eRegs v2 is available — use it. FMCSA's regulations are a moving target in 2026. Our completely rebuilt eRegs v2 platform makes it easier than ever to search, cross-reference, and stay current with the FMCSRs. If your team hasn't explored it yet: eRegs v2 Is Here: A Complete Rebuild of the FMCSR Compliance Platform.
Action Item: Build a Q4 compliance calendar with specific deadlines for each of the above items. Assign ownership to a specific person on your safety team. If you want a structured framework for your year-end compliance review, reach out to our team to schedule a year-end compliance review.
