Photo courtesy of Nich Maidment, owner, Asheville Arborists, a TCIA-accredited company in Asheville, North Carolina.

The Federal Motor Carrier Safety Administration (FMCSA) has launched a coordinated series of regulatory actions, enforcement initiatives and rule makings aimed at strengthening commercial motor vehicle (CMV) safety and the commercial driver’s license (CDL) system. Some of these changes – particularly English language proficiency (ELP) enforcement and heightened roadside inspections – apply to all CMV operators, not just CDL holders. Others, including the non-domiciled CDL rule and training provider oversight, are CDL specific but affect tree care companies that employ CDL holders.

On February 20, 2026, Secretary Duffy and Administrator Barrs outlined the scope of these efforts, including enforcement actions already underway, a final rule on non-domiciled CDLs, and several forthcoming rule makings and regulatory actions to further build on these efforts. Congress is also considering Dalilah’s Law, which would codify many of these objectives into statute.

ELP enforcement

English Language Proficiency has long been a regulatory requirement for CMV operators under 49 CFR 391.11(b)(2) – applying to all interstate CMV drivers, not only CDL holders. From 2005 through 2015, ELP violations were included in the Commercial Vehicle Safety Alliance’s (CVSA) out-of-service criteria. That changed when CVSA removed § 391.11(b)(2) from its criteria in 2015, and FMCSA followed in 2016 with a policy memorandum instructing inspectors to cite ELP violations but not place drivers out of service.

In May 2025, FMCSA reversed course with guidance restoring out-of-service enforcement for ELP violations. The agency has indicated it is working toward CDL revocation as the consequence for ELP failures – a further escalation beyond the current out-of-service approach – and has announced that all CDL knowledge and skills tests would be conducted exclusively in English. Operation SafeDRIVE – a multi-state initiative launched in January 2026 – conducted 8,215 inspections across 26 states and Washington, D.C., placing 704 drivers and 1,231 vehicles out of service, including nearly 500 drivers cited for ELP violations.

FMCSA has also implemented increased oversight of CDL training programs, removing nearly 3,000 providers from the Training Provider Registry (TPR) and conducting more than 1,400 on-site inspections – acting against more than 7,000 training operations in total.

Non-domiciled CDL rule

As part of the same initiative, FMCSA published an interim final rule (IFR) in September 2025 making immediate changes to the non-domiciled CDL program. After a court stay, the agency issued a substantively identical final rule that took effect March 16, 2026, and is currently being challenged in the U.S. Court of Appeals for the D.C. Circuit. The rule was prompted in part by Annual Program Reviews (APRs) revealing that more than 30 State Driver’s Licensing Agencies (SDLAs) had failed to comply with existing non-domiciled CDL regulations.

The rule limits non-domiciled commercial learner’s permit (CLP) and CDL eligibility to individuals holding H-2A, H-2B or E-2 nonimmigrant status – categories subject to consular vetting. Employment Authorization Documents (EADs) alone are no longer accepted; applicants must present an unexpired foreign passport paired with a valid Form I-94, verified through the federal Systematic Alien Verification for Entitlements (SAVE) system.

This is a departure from prior practice, when asylum seekers, refugees, Temporary Protected Status (TPS) holders, DACA recipients and other work-authorized individuals could obtain non-domiciled CDLs. FMCSA estimates approximately 194,000 current holders will become ineligible to renew over the next five years.

Dalilah’s Law

Congress is also considering legislation that would codify many of these reforms into statute. Dalilah’s Law (H.R. 5688) is named for Dalilah Coleman, critically injured at age five in a crash in Adelanto, California, caused by a tractor-trailer driver. She and her father were guests of President Trump at this year’s State of the Union.

Introduced by Highways and Transit Subcommittee Chairman David Rouzer, R-N.C., the bill would direct the U.S. Department of Transportation (DOT) to issue consistent nationwide ELP enforcement guidance, place noncompliant drivers out of service – with a first violation triggering CDL disqualification – mandate English-only CDL testing and modernize driver record notifications. It would also codify FMCSA’s non-domiciled CDL restrictions, require state audits of outstanding non-domiciled CDLs, impose withholding of federal-aid highway funds for noncompliance, require revisions to the TPR’s self-certification process and prohibit motor carriers from using certain foreign-based dispatch services.

The bill passed the House Transportation and Infrastructure Committee on March 18, 2026, by a 35 to 26 vote. While it could advance through the House as a standalone measure, it is unlikely to secure the 60 votes needed for passage in the Senate. Companion or similar provisions are expected to continue moving in the Senate, and TCIA does not expect enactment as a standalone bill. Instead, elements of Dalilah’s Law are more likely to be incorporated into a broader legislative vehicle, such as a surface transportation reauthorization package or potentially other must-pass legislation, including reconciliation.

Conclusion

For tree care companies, the most immediately relevant changes remain ELP enforcement and roadside inspections, which apply to any CMV operation, as well as CDL-specific reforms affecting companies that employ CDL holders. TCIA is actively tracking these regulatory and legislative developments, and will continue to keep members informed as policies evolve and potential impacts on the industry become clearer.

Basil Thomson is a partner at Ulman Public Policy, TCIA’s Washington, D.C.-based advocacy and lobbying partner.