How Long Do ELP Violations Stay on Your Record?

You got an ELP violation. It's done, it's in the system, and now you're wondering: how long will this follow you? The answer involves understanding CSA's time-weighted scoring system and the 24-month measurement window.

The 24-Month Window

All violations in the CSA system use a 24-month rolling window. This means:

• A violation counts against you for 24 months from the inspection date
• On month 25, it drops off your measurable record
• The window is "rolling"—it moves forward each day

So if you received an ELP violation on March 15, 2025, it will remain on your record until March 15, 2027.

Time Weighting: Not All Months Are Equal

Here's what most carriers don't realize: violations don't count equally throughout those 24 months. FMCSA uses time weighting to give more importance to recent violations.

This means a fresh ELP violation hits your score three times harder than one that's 18 months old.

Practical Example

Let's say an ELP violation has a base severity weight of 5 points:

• Month 1: 5 points × 3 = 15 points impact
• Month 8: 5 points × 2 = 10 points impact
• Month 18: 5 points × 1 = 5 points impact
• Month 25: Violation drops off = 0 points

The good news: even before a violation fully drops off, its impact on your score naturally decreases over time. The worst of the damage is in the first six months.

ELP Violations in the Driver Fitness BASIC

ELP violations are categorized under the Driver Fitness BASIC, one of seven categories in the CSA Safety Measurement System. This BASIC includes:

• Medical certificate violations
• CDL violations
• ELP (English Language Proficiency) violations
• Driver physical qualification issues

Your Driver Fitness percentile is calculated by comparing your violation history to similar carriers. A high percentile (above the intervention threshold) triggers FMCSA attention.

Does an OOS Order Affect the Timeline?

Whether the ELP violation resulted in an out-of-service order doesn't change the 24-month window. However, OOS violations receive additional severity weighting:

• Standard violation: Base severity weight only
• OOS violation: Base severity weight × OOS multiplier

So an ELP violation with OOS hits harder in the moment, but both types still drop off after 24 months.

Can You Remove a Violation Early?

In most cases, no. The 24-month window is fixed. However, there are limited options:

DataQs Challenge

If you believe the violation was issued in error, you can file a Request for Data Review (DataQs) with FMCSA. Valid reasons include:

• Clerical error (wrong carrier or driver)
• Violation was dismissed by a court
• Factual inaccuracy in the inspection report

DataQs is not for disputing the inspector's judgment. "My driver speaks English fine" is not grounds for removal.

Successful DataQs

If your DataQs challenge succeeds, the violation is removed from your record entirely—it doesn't just stop counting, it's deleted.

Impact on Insurance and Contracts

CSA scores aren't the only consideration. Insurance companies and shippers may look at:

• Raw violation history: Some look at violations regardless of time weight
• Violation recency: A violation in the last 6 months is a red flag
• Pattern of violations: Multiple ELP issues suggest systemic problems

Even after a violation ages and reduces its CSA impact, it may still appear in insurance underwriting reviews or shipper safety questionnaires.

What Happens at Month 25?

When the violation ages out:

1. It's removed from your CSA scoring calculation
2. Your BASIC percentiles are recalculated
3. It may still appear in historical records (but doesn't affect scores)
4. Your scores won't improve until the next FMCSA data update cycle

FMCSA updates CSA scores monthly, so expect a lag between when a violation technically ages out and when your percentile actually drops.

Key Takeaways

• ELP violations stay on your CSA record for 24 months
• Time weighting means the first 6 months have 3x the impact
• OOS violations hit harder but don't last longer
• DataQs can remove erroneous violations but can't dispute judgment calls
• Insurance and shippers may look at violation history beyond CSA
• Prevention is more reliable than remediation