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How Driver Compliance Failures Are Delaying Freight in 2026

Written by Drew Kirkman | Jan 5, 2026 8:36:14 PM

A brief introduction

If you work in transportation, you’ve seen the usual causes of delay: weather, breakdowns, tight capacity, and occasional human error. But a different kind of disruption has been happening quietly across the industry that many shippers still don’t realize can derail their freight mid-route:

Drivers and carriers are being removed from service because they don’t meet federal compliance requirements.

Over the past year, the Department of Transportation (DOT), FMCSA, and the Department of Homeland Security have intensified enforcement of driver licensing, training, ELD compliance, and non-domiciled driver credentialing.

The result is simple but serious: Loads are being delayed or stranded because drivers, schools, or carriers are failing compliance checks — sometimes after your freight is already on the road.

Here, we quickly break down the enforcement changes in plain English, what they mean for your supply chain, and the questions every shipper should be asking their logistics partners right now.

Enforcement is tightening across multiple fronts, and shippers are feeling it

Over the past 18–24 months, federal agencies have launched an unprecedented multi-layered crackdown on:

  • Illegally issued or improperly vetted CDLs.
  • Drivers who cannot meet federal English-language requirements.
  • Carrier safety practices and documentation.
  • ELD (electronic logging device) compliance.
  • Fraudulent or substandard truck-driver training schools.

Each of these areas individually can take a truck off the road. Together, they create a perfect storm. Below are the most important developments shippers need to understand. 

What makes these enforcement actions especially disruptive is that many of the failures don’t surface until a roadside inspection — after a load is already in motion.

Here's what's going on:

  • USPS contractor disruptions are showing just how fragile the system is. In early 2024, the U.S. Postal Service attempted to prohibit contractors from using immigrant drivers. This immediately backfired, causing significant contractor and service disruptions. The takeaway isn’t political for shippers, it’s operational: When compliance changes hit the industry overnight, freight stops moving. Shippers pay the price.
  • States have been caught issuing CDLs improperly. Federal officials have publicly investigated states for issuing CDLs without proper documentation checks or beyond work-permit eligibility. (Read the DOT’s statement on its crackdown here.) If a driver with one of these licenses is stopped, your freight stops with them.
  • English-language requirements are being more strictly enforced. Under federal law, drivers must be able to speak and read English well enough to converse with law enforcement and understand road signs. The Trucker recently highlighted that failures here have led to more drivers being placed out of service (OOS) during inspections. Again, this doesn’t just affect carriers. It affects your load!
  • Nearly half of the truck-driver training schools in the U.S. may lose certification. This is one of the most important developments shippers have not heard about. A brand-new December 2025 Fortune/AP report revealed that nearly 44% of truck-driver training programs nationwide may face closure or decertification after a DOT review found widespread non-compliance with baseline training requirements.

    Federal officials announced that about 3,000 schools face immediate decertification. 4,500 more have been warned. Many appear to have falsified records or failed to meet minimum training standards. And some trained drivers in only a few days (sometimes called “CDL mills”). Drivers trained through these schools may not meet federal standards.

    And if their CDL or training credentials are invalidated in a roadside inspection, they’ll be placed out of service instantly. This affects shippers because a poorly trained or improperly certified driver is a compliance liability waiting to happen mid-route.

Why these crackdowns matter directly to shippers

Every one of these enforcement actions leads to one outcome when a driver is stopped: Your load sits still.

Here’s what this means in practical terms:

  • Missed appointments and cascading downstream delays. Retailers and manufacturers often penalize late arrivals.
  • More detention and layover charges. Carriers may pass costs back to you, the shipper.
  • Temperature-controlled freight risks spoilage. We don’t have to tell you that even short delays can cause loss.
  • Freight may be stranded roadside until a compliant driver arrives. This can take hours or days, depending on the location.
  • Liability becomes murky. Especially if a driver’s training or credentialing is later found invalid.
  • Your customer experience suffers. Even if it’s not your fault, you’re the one who has to explain the delay.

The federal rules that often get drivers placed OOS

Drivers get sidelined when they fail one of a handful of core federal requirements. Here’s what each rule actually means in practice and why it matters to your freight.

1. Valid CDL with the correct endorsements

A driver must hold an active, valid Commercial Driver’s License (CDL) and the appropriate endorsements for the vehicle and cargo they’re hauling. Read the full rule here.

Endorsements include:
  • H – Hazmat
  • N – Tanker
  • T – Double/Triple trailers
  • P – Passenger
  • S – School bus

CDLs must be properly issued by the state, not expired, and matched to the class of vehicle (A, B, or C). Now here’s why drivers get taken out of service:

  • Their endorsement doesn’t match the load (e.g., hazmat without an H endorsement)
  • Their CDL expired, was suspended, or was revoked
  • CDL issued improperly (see non-domiciled driver rule below)

If the endorsement doesn’t match the cargo — even if the load is already in transit — the driver is immediately prohibited from moving the truck any farther.

2. English-language proficiency (49 CFR 391.11)

Drivers must be able to read and speak English well enough to understand road signs, converse with law enforcement, make entries on required reports and records, and follow verbal instructions related to the vehicle or cargo.

If a driver cannot communicate effectively with a DOT officer during an inspection, they may be disqualified on the spot because the officer cannot confirm understanding of instructions or safety-related information. ​​This is one of the fastest-growing reasons drivers get pulled OOS — and one that shippers typically never hear about directly, even though it stalls their freight.

3. Properly vetted non-domiciled driver credentials

Non-U.S. citizens are allowed to operate commercial vehicles if they:

  • Are legally authorized to work in the U.S.
  • Hold a CDL issued by a state that properly verified identity, lawful presence, work eligibility, and licensing history.

Federal investigations and compliance reviews have identified cases where CDLs were issued without proper verification of work authorization or licensing eligibility. CDLs issued improperly may be revoked or flagged.

If a roadside inspection reveals that a CD was issued beyond a driver’s work authorization, without proper state verification, or later deemed invalid by the state or FMCSA, the driver can be removed from service immediately.

An improperly vetted CDL doesn’t show up until enforcement checks it — usually while the freight is already on the road. Loads get stranded through no fault of the shipper.

4. Active medical certification

Per FMCSA, drivers must carry a valid Medical Examiner’s Certificate (MEC) proving they meet FMCSA’s physical qualifications. Carriers must also ensure the medical certification is kept up to date in the state record.

Common issues that take drivers out of service here typically include:

  • Expired medical card
  • Card not entered correctly into the state database
  • Incomplete documentation
  • Driver unable to provide proof at inspection

This is one of the simplest — but most common — compliance failures. A simple paperwork lapse can shut down a load.

5. Compliance with Hours-of-Service (HOS) rules and use of an approved ELD

Drivers must follow federal limits on driving and rest time and must record their hours electronically using an FMCSA-approved Electronic Logging Device (ELD). FMCSA recently revoked multiple ELD models that no longer meet federal requirements. If a driver is using one of these devices:

  • They must stop using it immediately.
  • They must switch to paper logs until replaced.
  • If not replaced within the allowed period, the driver can be cited and placed OOS for “no record of duty status.”

This is considered one of the most serious violations! A revoked or non-functioning ELD can put a truck out of service even if the freight is moving on time and safely. Carriers that cut corners on technology expose shippers to unpredictable delays.

The bottom line for shippers

If a driver fails any of the compliance requirements above, enforcement officers can — and regularly do — place them out of service immediately.

That means:

  • Freight stops moving.
  • Delivery windows collapse.
  • Sensitive cargo is exposed to risk.
  • Shippers bear the downstream impact.

What we do to protect shippers from these risks

Many carriers and brokers say they vet for compliance, but few explain how. Because of the increasing federal scrutiny on CDL issuance, training quality, English-language proficiency, and ELD compliance, both Badger Logistics (asset side) and Fall River Express (brokerage side) have elevated standards to prevent the exact types of problems now causing nationwide delays.

Here’s what that looks like in practice:

On the asset-based side (Badger Logistics)

Badger Logistics operates its own fleet, meaning driver vetting, training, and compliance standards are fully controlled internally.

We only hire experienced, proven drivers. Badger hires drivers with at least 2 years of professional driving experience. This means:

  • No new CDL grads.
  • No candidates from “CDL mill” schools currently under federal review.
  • Significantly lower compliance risk on the road.

This requirement alone filters out many of the drivers most affected by the recent federal crackdowns on inadequate training.

Samsara technology ensures top-tier ELD and visibility compliance. We use Samsara, one of the most respected platforms for FMCSA-compliant ELDs, HOS monitoring, in-cab cameras, and telematics/safety analytics. With multiple ELD models being revoked this year, using Samsara ensures our drivers are on a system not at risk of sudden decertification, a leading cause of out-of-service orders.

We do in-person English-language screening. Every Badger driver is vetted in person to make sure they can communicate clearly with dispatch and enforcement officers, and they meet the functional expectations of FMCSA’s English-language regulation (49 CFR 391.11). ​​All our company communications — dispatch, updates, safety coaching — are conducted in English.

We have strict I-9 verification to ensure lawful work authorization. Badger follows strict I-9 documentation requirements to ensure every driver is a legally authorized U.S. worker, operating on a properly issued CDL, and not driving under a non-domiciled or improperly vetted license. This is directly relevant given recent federal investigations into states issuing CDLs without validating lawful presence.

On the brokerage side (Fall River Express)

Fall River Express brokers freight only to vetted, compliant carriers who can demonstrate consistent safety and reliability.

We only work with carriers with established authority and strong FMCSA standing. Fall River requires carriers to have at least 1 year of operating authority, verified good standing with FMCSA, acceptable SMS/CSA scores and clean or manageable OOS and crash histories. Carriers with high-risk patterns are rejected.

We look for updated contracts and properly verified insurance. Every carrier working with Fall River must have a signed carrier contract (renewed every 3 years), at least $100,000 in cargo insurance — with higher limits when required, and current auto liability coverage. Insurance is verified before use, with no exceptions.

We use English-speaking drivers when requested. When English proficiency is relevant or required, Fall River ensures the assigned driver can communicate clearly—a key safeguard given the rise in OOS incidents linked to English-language enforcement.

Fall River also uses third-party carrier vetting services to evaluate insurance status, safety history, FMCSA compliance, inspection data, and authority changes. We combine this with our team’s real-world industry knowledge to identify reputable carriers and avoid poorly vetted drivers, suspicious authority histories, revoked ELD issues, and CDL irregularities. And vetting doesn’t stop at onboarding. Carriers who fall out of compliance or show deteriorating safety performance are removed or suspended.

The bottom line for shippers

The trucking industry is in the middle of one of the most aggressive compliance cleanups it has seen in years. Driver training programs are being decertified. ELDs are being revoked. CDL issuance is under scrutiny. English-language and documentation requirements are being enforced more consistently at roadside inspections.

When a driver fails a compliance check, the truck stops. And when the truck stops, your freight stops with it — often without warning, after a load is already in motion.

That’s why compliance can no longer be treated as a back-office carrier issue. For shippers, it’s a real operational risk that directly affects delivery timelines, customer commitments, and cost control.

At Badger Logistics and Fall River Express, we’ve built our asset-based and brokerage operations around one principle: problems that can be prevented shouldn’t be passed on to the shipper. From experienced driver hiring and in-person vetting on the asset side to rigorous carrier qualification and ongoing monitoring on the brokerage side, our goal is simple — keep compliant drivers on the road and your freight moving.

If you’re concerned about how recent enforcement changes could affect your freight — or you want a clearer view into how your loads are being protected today — let’s talk.

Contact us to learn how we help minimize risk and keep freight moving.