In late May, at a trucking event in Austin, Texas, U.S. Department of Transportation Secretary Sean P. Duffy signed an order introducing updated enforcement measures to bolster compliance with English language requirements for commercial truck drivers. Under the new directive, commercial motor vehicle (CMV) drivers who do not meet the Federal Motor Carrier Safety Administration’s (FMCSA) long-established English-language proficiency (ELP) standards will now face immediate out-of-service orders.
“America First means safety first. Americans are much safer on the roads than truckers who can understand and interpret our traffic signs. This common-sense change ensures the penalty for failure to comply is more than a slap on the wrist,” said Secretary Duffy.
The guidance advises law enforcement to conduct all roadside inspections in English and outlines the enforcement procedures to assess whether a driver complies with the ELP. An inspector will conduct an ELP assessment consisting of:
- An interview to determine the driver’s ability to respond sufficiently in English; and
- Ability to read and interpret road signs, including dynamic roadside message signs.
Drivers are prohibited from using communication aids, such as interpreters, cue cards, or smartphone apps, during a roadside ELP assessment.
Drivers who do not meet the English Language Proficiency (ELP) assessment standards, as determined by the inspecting officer, will be placed out of service. However, drivers operating within border commercial zones along the U.S.-Mexico border will receive a citation for noncompliance but will not face out-of-service orders.
Assessing Driver English Proficiency
According to the FMCSA, motor carriers should conduct a driver interview in English and include inquiries that would show whether the driver could answer questions related to:
- The origin and destination of a recent or planned trip.
- The amount of time spent on duty, including driving time, and the record of duty status (or logbook).
- The information contained in the driver’s license.
- Information contained in shipping papers (actual or sample shipping papers, including hazardous materials shipping papers, if applicable) for the load transported/to be transported.
- Vehicle equipment is subject to inspection.
Because the driver interview is a means of assessing the driver’s ability to respond to official inquiries in English, FMCSA recommends that the motor carrier inform the driver that they should respond to the inquiries in English.
The FMCSA also recommends that the motor carrier explain to the driver that the ELP regulation requires the driver to understand and accurately interpret the meaning of U.S. highway signs.
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