Proposed Rule Would Make English Proficiency Violations a Federal Out-of-Service Condition The Federal Motor Carrier Safety Administration (FMCSA) has proposed changing federal regulations to formally codify stricter English-language proficiency requirements for commercial motor vehicle drivers. The proposal would turn the agency’s current enforcement guidance into a regulation, making the standards more difficult for future administrations to change without going through the formal federal rulemaking process. English-language proficiency requirements for commercial drivers are not new. Federal regulations dating back to 1937 require drivers to have sufficient English skills to communicate with the public, understand highway traffic signs and signals, respond to official questions, and make required entries on reports and records. The debate has centered largely on how those longstanding requirements should be enforced. In 2016, FMCSA issued guidance that provided greater flexibility during enforcement. Inspectors were directed not to issue an English-language proficiency violation when drivers could communicate using tools such as interpreters or smartphone applications. Drivers cited for English proficiency violations also were not automatically placed out of service under that policy. The approach changed after President Donald Trump returned to office. Following an executive order directing FMCSA to strengthen enforcement, the agency introduced stricter roadside procedures. Drivers who fail the English-language proficiency assessment can now be cited and placed out of service. The Commercial Vehicle Safety Alliance also added English-language proficiency violations to its North American Standard Out-of-Service Criteria. FMCSA’s proposed rule would formally incorporate that enforcement approach into the Federal Motor Carrier Safety Regulations. It would identify failure to meet English-language proficiency requirements as an out-of-service condition, with an exception involving certain trips that remain within commercial zones along the U.S.-Mexico border. FMCSA’s current guidance explains that drivers traveling outside those border commercial zones can be placed out of service if they fail the assessment. Codifying the requirement would have implications beyond federal roadside inspections. FMCSA said states would be required to adopt compatible requirements into their own laws, helping establish more consistent enforcement nationwide regardless of future changes to CVSA’s out-of-service criteria. FMCSA Administrator Derek D. Barrs emphasized the safety implications of drivers being able to understand critical signs such as steep-grade warnings, runaway truck ramp notices, and do-not-enter signs. According to FMCSA, more than 26,000 drivers have already been removed from service since stricter English-language proficiency checks were reinstated. For motor carriers, the proposed regulation reinforces the importance of evaluating English proficiency during hiring… [TheTopNews] Read More.
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