ELP, Clearinghouse, and NR-II: The Biggest FMCSA Compliance Changes for 2026 Explained

Insights from Gregory Olsen’s ELEVATE 2026 presentation, including CDL crackdowns, ELP enforcement, Clearinghouse changes, and what fleets must do now to stay compliant.

At the 2026 ELEVATE: CNS Safety and Compliance Conference, Gregory Olsen, Acting Division Administrator for FMCSA’s South Carolina Division, delivered a critical regulatory update that every motor carrier should be paying attention to.

From sweeping changes to non-domiciled CDLs to enforcement shifts in English Language Proficiency (ELP) and major system overhauls like NR-II and MOTUS, Olsen’s presentation made one thing clear:

FMCSA is tightening enforcement, modernizing systems, and closing compliance gaps fast.

Below is a breakdown of the most important updates, what they mean, and how your operation should respond.

FMCSA’s Core Mission Hasn’t Changed, But Enforcement Has

If you have been in the safety and compliance field for a while, you know that FMCSA’s mission remains the same: Reduce crashes, injuries, and fatalities involving large trucks and buses.

However, Olsen emphasized that how FMCSA is achieving that mission is evolving, with a stronger focus on:

• Data-driven enforcement
• System modernization
• Fraud prevention
• Accountability across states and carriers

Non-Domiciled CDLs: Major Crackdown & New Rule (Effective March 2026)

What Is a Non-Domiciled CDL?

A non-domiciled CDL is issued to:

• Drivers from foreign countries, or
• Drivers from U.S. states prohibited from issuing CDLs

These licenses fall under 49 CFR 383.23 and require proof of lawful presence in the U.S.

Why FMCSA Took Action

The 2025 Annual Program Review revealed serious compliance failures:

• Some states had error rates as high as 53%
• 25 jurisdictions were flagged for substantial noncompliance
• Violations included:
  • CDLs issued beyond lawful presence expiration
  • Improper issuance to ineligible drivers
  • Lack of verification of immigration status

These failures were linked to 17 fatal crashes and 30 fatalities in 2025 alone

The New 2026 Final Rule: Key Requirements

Effective March 16, 2026, FMCSA implemented stricter controls:

• Eligibility Restricted To:

• H-2A (Temporary Agricultural Workers)
• H-2B (Temporary Non-Agricultural Workers)
• E-2 (Treaty Investors)
• Required Documentation:

• Unexpired foreign passport
• Valid I-94 / I-94A
• License Validity:

• Cannot exceed I-94 expiration
• Maximum duration: 1 year
• Mandatory Verification:
• States must verify status using the SAVE system
• In-Person Transactions Required:
• Applies to renewals, upgrades, duplicates, etc.

Operational Impact on Carriers

• Many states have paused issuance entirely (including Pennsylvania)
• Some states are phasing out non-domiciled CDLs altogether
• Existing licenses may be revoked if improperly issued

Key Takeaway: Carriers relying on non-domiciled drivers should audit driver qualification files immediately and prepare for workforce disruption.

English Language Proficiency (ELP): Now an Out-of-Service Violation

What Changed?

As of May 2025, FMCSA made ELP violations Out-of-Service (OOS).

Drivers must be able to:

• Understand traffic signs
• Communicate with law enforcement
• Respond during emergencies

Roadside Inspection Process

Inspectors now follow a two-step evaluation:

1. Driver Interview (English only)
2. Traffic Sign Recognition Test

No translators allowed:

• No interpreters
• No apps
• No cue cards

Critical Misconception

A CDL DOES NOT EQUAL proof of English proficiency. Drivers must demonstrate real-time communication ability during inspections.

Carrier Responsibility

Under 49 CFR 391.11, carriers must ensure drivers meet ELP standards.

Recommended Internal Process:

• Conduct English-only driver interviews
• Test knowledge of:
  • Trip details
  • Logs (HOS)
  • Shipping papers
  • Vehicle inspection items
• Use MUTCD traffic signs for evaluation

Key Takeaway:If your driver cannot pass an English interview internally, they are a compliance risk on the road.

National Registry of Medical Examiners (NR-II): Digital Transformation

What Changed?

As of June 23, 2025:

• Medical exam results are electronically transmitted
• The MVR is now the official proof of certification
• Paper Medical Examiner’s Certificates (MECs) are no longer primary proof

Temporary Waiver (Through April 10, 2026)

Due to state delays, FMCSA allows:

• Paper MEC use for up to 60 days after exam

Common Compliance Failures

Most issues stem from data mismatches, including:

• Name spelling errors
• CDL number mismatches
• Incorrect suffix placement (e.g., Jr., III)
• Wrong address
• Missing restriction indicators

These errors prevent certification from appearing on the MVR.

What To Do If Certification Doesn’t Post

After 48 hours:

1. Verify driver info matches CDL exactly
2. Contact Medical Examiner
3. Contact SDLA
4. Contact FMCSA tech support

Key Takeaway: NR-II shifts compliance from paper management to data accuracy management.

Drug & Alcohol Clearinghouse (DACH-II): Increased Enforcement

Reporting Requirements

Employers (or C/TPAs) must report within 3 business days:

• Alcohol results ≥ 0.04
• Refusals to test
• Actual knowledge violations
• RTD and follow-up testing results

“Actual Knowledge” – Critical Clarification

Valid sources include:

• Direct observation
• Previous employer reports
• DUI citations
• Driver admission

Important: Do NOT report positive drug tests as actual knowledge (These are reported by the MRO)

Mandatory CDL Downgrades

• States are now required to downgrade CDLs automatically upon Clearinghouse violations
• Driving privileges are only restored after Return-to-Duty (RTD) completion

Key Takeaway: Clearinghouse is now tightly integrated with licensing and violations immediately impact driver eligibility.

MOTUS: FMCSA’s New Registration System

FMCSA is rolling out a new system: MOTUS. USDOT Registration System

Goals of MOTUS

• Simplify registration
• Improve identity verification
• Reduce fraud
• Create a single system for lifecycle management

Key Features

Simplified Registration

• One online system (phased rollout)
• Centralized company profiles

Enhanced Security

• Identity verification required
• Business validation checks

USDOT Number Updates

• New suffixes will identify registration types
• No change to vehicle marking requirements

What’s Changing (Now)

• Third parties already using the system
• All users must create profiles
• PPOB (principal place of business) verification enhanced

What’s NOT Changing Yet

• MC/FF numbers remain
• BOC-3 process unchanged
• Safety registration not yet included

Key Takeaway: MOTUS is FMCSA’s long-term move toward a fully digital, fraud-resistant registration ecosystem.

What Carriers Should Do Right Now

Gregory Olsen’s presentation made one thing clear: Compliance is becoming more precise, more digital, and less forgiving.

Immediate Action Items:

• Audit all non-domiciled drivers
• Implement ELP screening in hiring & onboarding
• Validate driver medical data accuracy (NR-II)
• Review Clearinghouse reporting procedures
• Prepare for MOTUS system adoption

Need Help Navigating These Changes?

CNS works with carriers across the country to:

• Audit driver qualification files
• Ensure Clearinghouse compliance
• Support medical certification workflows
• Strengthen hiring and onboarding processes

The best defense against heightened enforcement is proactive compliance.

That’s exactly why CNS developed the PSM DOT Essentials Program designed to help carriers maintain the foundational compliance systems FMCSA expects.

If you’re unsure how these updates impact your operation, we can help you stay ahead of enforcement, not behind it.

Interested? Learn more by filling out the form below.