How the ELP Rule Could Affect 10% of Trucking Operators and Their CSA Ratings

Did you know that nearly one in ten trucking operators could see a significant shift in their Compliance, Safety, Accountability (CSA) ratings due to the implementation of the ELP Rule? As regulations evolve in the trucking industry, understanding the implications of such rules becomes crucial for operators seeking to maintain their standing and operational efficiency. This article delves into how the ELP Rule could impact these operators, providing insights on potential challenges and strategies to navigate this regulatory landscape effectively.

The Growing Impact of the English Language Proficiency (ELP) Rule

The implementation of the English Language Proficiency (ELP) Rule has the potential to greatly diminish trucking capacity.

Over the past ten years, major truckload carriers have adopted regulations such as the ELD mandate and the Drug and Alcohol Clearinghouse, which aimed to restrict market capacity. However, these impacts were generally short-term. The ELP Rule, mandated by a DOT Executive Order, necessitates that commercial drivers prove their English language skills or risk incurring out-of-service (OOS) violations. According to FreightWaves, approximately 10% of Commercial Driver’s License (CDL) holders may not possess adequate English proficiency, based on insights from insurance industry executives.

This raises important questions about how the rule will affect trucking operations, compliance enforcement, and the overall availability of drivers in the market. For many carriers, the implications extend beyond immediate penalties and into long-term operational challenges.

Enforcement and Out-of-Service Violations

Will carriers adhere to this enforcement? The DOT and law enforcement officials have the authority to issue OOS violations to drivers who do not comply, serving as a significant deterrent. When DOT officers or law enforcement identify a commercial driver or vehicle as unsafe — often due to violations related to hours of service, vehicle issues, improper load securing, or driving under the influence — they can issue OOS violations.

With the introduction of the ELP Rule, English language proficiency is now included as a valid reason for placing a driver out of service. Such violations remain on a driver's Pre-Employment Screening Program (PSP) report for three years and can negatively impact a carrier's Compliance, Safety, Accountability (CSA) score for two years. Low CSA scores can lead to higher insurance premiums and diminished rankings among shippers, prompting carriers to avoid potential violations at all costs.

The expanded authority of law enforcement means carriers must be proactive about compliance to avoid disruptions that could ripple through their operations.

Compliance Standards and Operational Consequences

Although the ELP Rule does not introduce new legislation, as English proficiency standards have existed previously, it enhances the authority of the DOT and law enforcement to place non-compliant drivers out of service. This change reverses previous guidance from the Obama Administration that had overlooked these infractions, signaling a much stricter approach moving forward.

Similar to how a credit score functions, a CSA score can significantly affect insurance costs and partnerships with shippers. Shippers frequently evaluate CSA scores during requests for proposals (RFPs) and onboarding processes to gauge reliability. Carriers with declining scores often find themselves deprioritized — freight may be reallocated to safer options, routing guide positions adjusted, or contracts excluded altogether.

Carriers that do not adhere to compliance standards face serious repercussions. A driver operating a vehicle that has been placed out of service due to non-compliance is prohibited from transporting cargo until they meet the necessary requirements. This not only jeopardizes service reliability but also raises the risk of cargo theft for stranded shipments.

Broader Industry Implications

Brokers who fail to monitor such non-compliant carriers may experience operational disruptions, forcing shippers to seek more reliable alternatives to protect their cargo and maintain dependable service. This can cause ripple effects across the supply chain, as capacity is reshuffled in response to compliance challenges.

Currently, capacity is nearing equilibrium with demand, as evidenced by outbound tender rejection rates holding steady at 6.77%, despite lackluster demand for truckload services. While this balance may seem stable, the stricter enforcement of the ELP Rule could quickly tip the scales, tightening available capacity and driving up costs.

For shippers, brokers, and carriers alike, the new environment underscores the necessity of maintaining compliance to remain competitive in a crowded marketplace.

Conclusion: Why Compliance with the ELP Rule Matters

The ELP Rule is more than just another regulatory requirement; it represents a pivotal shift in how the trucking industry manages safety, compliance, and workforce standards. By empowering the DOT and law enforcement to issue OOS violations tied to English proficiency, the rule has far-reaching consequences for drivers, carriers, brokers, and shippers.

Non-compliance can jeopardize CSA scores, insurance costs, service reliability, and long-term partnerships with shippers. Conversely, carriers that prioritize compliance stand to strengthen their reputations, reduce risk, and ensure uninterrupted operations. As the trucking industry faces tighter oversight, adapting to the ELP Rule will be essential for protecting capacity, improving safety, and maintaining trust across the supply chain.

Stay Compliant, Stay Ahead

The new English Language Proficiency (ELP) Rule highlights just how critical compliance is in today’s trucking industry. With stricter enforcement and the risk of out-of-service violations, carriers and drivers cannot afford to overlook the details that impact safety scores, insurance costs, and business partnerships.

At Labworks USA, we’re here to help you stay fully compliant. Beyond supporting drivers with random DOT drug and alcohol testing, our DOT Consortium’s friendly team can guide you through FMCSA Clearinghouse registration and answer any compliance concerns you may have. Staying ahead of regulations not only protects your operations but also strengthens your reliability in the eyes of shippers and brokers.

Stay connected with us for the latest industry insights, practical solutions, and updates that matter to your business.

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