Freight Pulse & Law Update: China Port Congestion Tightens Capacity as FMCSA English-Rule Comments Close October 9
What is driving current freight pressure?
Typhoon disruption and high export volume have left roughly 4 million TEU of container capacity tied up near Shanghai and Ningbo. Berthing waits have reached 12 days in severe cases, tightening vessel space ahead of China’s Golden Week and increasing exposure to rate, congestion, truck-waiting, chassis, and terminal surcharges.
Shanghai and Ningbo: multi-day berth delays, cargo rolling, and schedule changes
Golden Week: higher demand and restricted gate-in windows
Maersk: limited Suez return on selected services, with routing subject to security changes
UCR: approximately 20% higher 2027 fees effective October 1, 2026
Industry congestion reporting and Maersk’s September update support early bookings, alternate routing reviews, and flexible delivery planning.
What does FMCSA’s English-proficiency proposal change?
FMCSA’s August 10 proposal would codify English language proficiency violations under 49 CFR 391.11(b)(2) as an immediate out-of-service condition. Comments are due October 9, 2026. A limited exception applies in U.S.-Mexico border commercial zones when the driver’s current trip does not involve transportation beyond those zones.
Review the Federal Register proposal and FMCSA roadside guidance.
What should carriers do now?
Audit driver qualification files and document ELP screening.
Preserve dispatch records, bills of lading, and trip scope for border-zone operations.
Schedule preventive brake checks following CVSA Brake Safety Week.
Reforecast the 2027 UCR fee increase before October 1.
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