Yes. In response to changes in the way the ELP standard is enforced, the violation is now treated as an out-of-service (OOS) condition per an FMCSA enforcement memo issued in May 2025. FMCSA changed the description of the three ELP violations tracked under CSA.
The violations include those for failing the interview, failing the sign assessment, and violating the ELP standard in a border zone (which is not treated as an OOS violation). They now read as follows (each carrying 4 CSA severity points):
- 391.11B2-Q: Driver cannot satisfy the English language proficiency requirements of 391.11(b)(2) as per FMCSA Enforcement Guidance Memo MC-SEE-2025-0001. Driver failed the Interview.
- 391.11B2-Z: Border Zone— Driver cannot satisfy the English language proficiency requirements of 391.11(b)(2) as per FMCSA Enforcement Guidance Memo MC-SEE-2025-0001.
- 391.11B2S: Driver cannot satisfy the English language proficiency requirements of 391.11(b)(2) as per FMCSA Enforcement Guidance Memo MC-SEE-2025-0001. Driver failed the Highway Traffic Sign Assessment.
The changes impact ELP violations occurring since July 27, 2025.
