FMCSA Enforces English Proficiency for Drivers: What to Know

You’ve probably heard about President Trump’s April 28 Executive Order “enforcing the commonsense English-language requirement for commercial motor vehicle drivers.” 

President Trump directed the U.S. Department of Transportation Secretary Sean Duffy and the Federal Motor Carrier Safety Administration (FMCSA) to issue guidance about enforcement within 60 days. 

A month later we have some guidance, although many questions remain. 

Background & New Guidance

Federal regulations have long required drivers to sufficiently read and speak English, but in 2016 the Obama administration directed FMCSA inspectors not to place commercial motor vehicle (CMV) drivers out-of-service for English-language proficiency (ELP) violations. The Trump administration says that move made the roads less safe, so it plans to enforce driver ELP standards once again. 

On May 20, Duffy announced new guidelines indicating that commercial motor vehicle drivers who fail to comply with FMCSA’s ELP requirements will be placed out-of-service, effective June 25. 

The changes to ELP enforcement pose a challenge for motor carriers because the FMCSA’s updated internal agency enforcement policy is heavily redacted. 

What we know is this: FMCSA personnel will initiate roadside inspections in English. If the inspector suspects the driver may not understand his or her instructions, the inspector will conduct a two-part ELP assessment, consisting of:

1. a driver interview, and 
2. a highway traffic sign recognition assessment. 

What You Should Do Now

As a Safety Director, it’s important to be on top of any regulatory changes coming down the pike. In this case, details are fuzzy, but that doesn’t mean you shouldn’t take action. 

It’s hard to know exactly how the ELP enforcement will go until it begins in late June. Until then, the Avatar team turned up a few clues to guide motor carriers in identifying risks and assessing whether any of your drivers could be potentially disqualified as a result of failing an ELP inspection.

Step 1: Driver Interview

According to the FMCSA’s new guidance, the first step of the two-part ELP assessment is a driver interview in English. No interpreters or tools, such as cue cards, smartphone applications or on-call phone services, are permitted. 

The government redacted the two pages of questions inspectors will use in their interviews, so we don’t know what they’ll ask. However, a 2012 FMCSA memorandum for a different ELP initiative outlines the following six questions or types of questions for driver interviews: 

1. Do you speak English? (If the driver answers, “No,” it results in automatic failure.)
2. A question about the starting point of a recent trip.
3. A question about where the driver is going next.
4. A question about the hours of duty.
5. A question that requires the driver to provide a document. 
6. A question about a vehicle component or system. 

If a driver fails the interview portion of the test, the inspector will not progress to Step 2. 

Step 2: Highway Traffic Sign Recognition Assessment

The new guidance says inspectors will conduct a highway traffic sign assessment based on the Federal Highway Administration’s Manual on Uniform Traffic Control Devices for Streets and Highways (MUTCD) and electronic message signs the driver may encounter on the road. 

Again, we don’t know specifics because three pages of highway signs inspectors will quiz drivers on are also redacted. The 2012 FMCSA memo provides a list that may serve as a starting point. 

It includes nearly two dozen signs, such as: 

• Wrong Way
• Speed Limit
• Do Not Pass
• Weight Limit
• No Trucks

How to Conduct a Mock ELP Assessment

Knowing that ELP enforcement is coming, Safety Directors shouldn’t sit back and wait for something to happen. Begin evaluating your company’s risk for losing drivers due to ELP violations now. 

Ask your managers to conduct mock assessments with drivers based on the questions and signs outlined in the 2012 memo. Start with “Do you speak English?” and go down the list of questions. Next, show drivers a handful of signs from the examples provided and ask them to articulate what they mean in English. 

It’s not a perfect audit process, but it will give you an idea of if or how many drivers you have at risk of failing the ELP standard and being put out of service. 

As always, the Avatar team is here to help. Reach out to your Client Success Manager with questions. In the meantime, we’ll watch the regulatory situation and update you about how other trucking companies are reducing their risk factors and keeping their trucks rolling.