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New rules and enforcement truckers need to know this year

By Truck Vera team ·

Non-domiciled CDLs, English-proficiency out-of-service orders, and a Supreme Court ruling on broker liability: what changed and what to do.

Updated September 28, 2026

Three changes this year affect who can drive, how drivers are checked at the roadside, and how brokers pick carriers. Here is what has been reported, and what dispatchers should do about each one.

1. Non-domiciled CDLs: far fewer drivers qualify

  • FMCSA's final rule on non-domiciled commercial driver's licenses was issued in February 2026 and has been in effect since March 16, 2026 (Transport Topics).
  • Only holders of three employment-based visas remain eligible for a non-domiciled CDL or learner's permit: H-2A (agricultural workers), H-2B (seasonal and peak-load non-agricultural workers) and E-2 (treaty investors).
  • By May, states had revoked more than 28,000 non-domiciled CDLs, and those drivers no longer haul US freight.
  • FMCSA expects about 194,000 current non-domiciled CDL holders to leave the freight market. Under the new rules, only about 6,000 foreign truckers are expected to be able to hold these licenses.
  • State practice varies. Transport Topics reported in May that North Dakota resumed issuing non-domiciled CDLs after FMCSA recertified it, while Oregon and Nevada have stopped issuing them permanently.

2. English proficiency: out of service at the roadside, and a rule on the way

  • Since June 25, 2025, a driver who can't meet the English-language proficiency requirement can be placed out of service at a roadside inspection, not just cited (CDLLife).
  • On August 10, 2026, FMCSA published a proposed rule to write this into the Federal Motor Carrier Safety Regulations. Drivers who can't sufficiently read or speak English, or understand highway traffic signs and signals, would be placed out of service.
  • The proposal has an exception for the US-Mexico border commercial zones. A driver there can be cited but not placed out of service, unless there's evidence they operate, or intend to operate, outside those zones.
  • FMCSA estimates the proposed rule "could place 9,000 commercial drivers out of service each year" (Transport Topics).
  • Comments on the proposal are due 60 days after publication, which is October 9, 2026.

3. Brokers can now be sued for choosing an unsafe carrier

  • On May 14, 2026, the Supreme Court decided Montgomery v. Caribe Transport II unanimously.
  • It held that a claim that a freight broker negligently chose a motor carrier is not blocked by federal law (the FAAAA), because it falls under the law's safety exception.
  • In practice, brokers can be sued under state negligence law for hiring unsafe carriers, and they must use reasonable care when choosing one (Faegre Drinker).

What it means for dispatchers (our advice)

  • Check every driver's license and paperwork. Confirm each driver's CDL is valid and of the right type, and keep copies of the CDL, medical card and other qualification papers with their expiry dates. A revoked or expired license can strand a load and the truck with it.
  • Prepare drivers for roadside English checks. An out-of-service order stops the load on the spot. Make sure drivers can answer an officer's questions and read road signs, and have a plan for a replacement driver if one is taken off the road.
  • Expect brokers to vet carriers more closely. After the Supreme Court decision, brokers have more reason to check safety ratings, inspection history, insurance and driver qualifications before offering loads. Keep your trucking companies' authority, insurance certificates and safety records up to date, and fix problems early.
  • Use it to your advantage. Carriers with clean records and complete paperwork are easier for brokers to approve, and that can mean better loads.
  • Have your say. Trucking companies and drivers can comment on the English-proficiency proposal on its Federal Register notice until October 9, 2026.

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