The new ruling also imposes harsher penalties for infractions. It reinstates the requirement that enforcement personnel place drivers who do not meet the English proficiency standard “out-of-service.” But the ruling does not say what fleets or owner-operators should do with their vehicle and their freight once a driver is pulled off the road for a language infraction.
Under FMCSA rules, a driver declared out of service may not continue to drive their commercial motor vehicle (CMV). “Motor carriers cannot require or permit a driver who has been declared out-of-service to operate a CMV until the driver may lawfully do so,” the FMCSA website says.
Rather, the language of the EO explains its goal is to enhance roadway safety by ensuring that all drivers can effectively read road signs, communicate with safety officials, and follow critical instructions.
According to Scopelitis, the EO also does not say exactly how authorities should test drivers’ proficiency in English, Scopelitis said. The new order fails to address either the specific information that motor carriers and their drivers must provide to satisfy the requirement or how FMCSA staff and enforcement personnel will assess a driver’s compliance.
Before the 2016 change in enforcement policy, the FMCSA had provided tools to FMCSA staff and enforcement personnel to evaluate a driver’s English proficiency. Under the new EO, the FMCSA will have 60 days to issue new guidance “outlining revised inspection procedures necessary to ensure compliance with the” English proficiency requirement.
In other points, the EO directs the U.S. Secretary of Transportation to, within 60 days, “identify and begin carrying out additional administrative, regulatory, or enforcement actions to improve the working conditions of America’s truck drivers.” However, Scopelitis noted that the order lacked details on precisely how federal regulators should accomplish that goal. “This is a broad, open-ended directive that will have to be monitored,” the law firm said.
One industry praised the new rules, with the Arkansas Trucking Association saying it had also supported similar legislation at the state level through the passage of Arkansas’ HB1745 earlier this year. “After successfully advocating for solutions in Arkansas, we’re pleased to see this issue elevated to the national level where it can have the greatest impact,” Arkansas Trucking Association President Shannon Newton said in a release.. “Because trucking is fundamentally an interstate industry, a federal approach is necessary to ensure consistent enforcement of the safety standards across all highways.”
Additional support came from trucking trade group the Owner-Operator Independent Drivers Association (OOIDA). “OOIDA and the 150,000 truckers we proudly represent strongly support President Trump’s decision to resume enforcement of English proficiency requirements for commercial drivers,” OOIDA President Todd Spencer said in a release. “Basic English skills are essential for reading critical road signs, understanding emergency instructions, and interacting with law enforcement. Road signs save lives—but only when they’re understood. That’s why OOIDA petitioned the Commercial Vehicle Safety Alliance earlier this year to reinstate English proficiency as an out-of-service violation. Today’s announcement is a welcome step toward restoring a common-sense safety standard.”
Further support came from the American Trucking Associations (ATA), which said the move would help ensure that “proper and consistent enforcement action is taken” on the language requirement, since the organization says the regulation today is often misinterpreted and enforcement is inconsistent. “We thank the Trump Administration for responding to our concerns on the uneven application of this existing regulation, and we look forward to working with FMCSA and the law enforcement community on an objective, consistent, and effective enforcement standard,” ATA Senior VP of Regulatory & Safety Policy Dan Horvath said in a release.Senior VP of Regulatory & Safety Policy Dan Horvath said in a release.
Editor’s note:This article was revised on April 29 to add input from OOIDA and ATA.
