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FMCSA Cracks Down on Language Requirements

• Sep 24, 2007

A driver who is unable to meet the language requirements set forth in Section 391.11(b)(2) of the Federal Motor Carrier Safety Regulations may be placed out-of-service (OOS), according to a recent Federal Motor Carrier Safety Administration enforcement memo. Prior to the memo's issuance, enforcement personnel cited drivers but did not place them OOS.

FMCSR Section 391.11(b)(2) says that all drivers must "read and speak the English language sufficiently to converse with the general public, to understand highway traffic signs and signals in the English language, to respond to official inquiries, and to make entries on reports and records." In the past, each employer and law enforcement personnel interpreted the rule subjectively and, therefore, differently. Even though the rule has been in effect since 1970, no one had been placed out-of-service because it was not incorporated into the North American Standard Out-of-Service Criteria (a.k.a. Out-of-Service Criteria). The OOS Criteria is published by the Commercial Vehicle Safety Alliance.

In 2004, CVSA revised its OOS Criteria to reflect a need to communicate sufficiently in the language of the country in which the driver is operating so he or she can understand and respond to officials. This could affect drivers in French-speaking Quebec who speak English, and English-speaking drivers entering Spanish-speaking Mexico. By the same token, drivers entering the United States would have to speak English fluently enough to perform their tasks as drivers and communicate with inspectors and other law enforcement officials. Even though the OOS Criteria included the new language proficiency requirement, citations were mostly the extent of the violations until this enforcement memo.

Now, the memo instructs inspectors to converse in English with drivers, at minimum, about their origin and destination; record of duty status, on-duty time, and driving time; driver's license; and vehicle components and systems regulated by FMCSA. Mexico-domiciled carriers that operate exclusively in border commercial zones are exempt from the OOS order. The driver would be cited only, and not put out of service. Inspectors are told that they must conduct a portion of the road inspection in English, specifically the driver interview. Drivers must respond appropriately in English to demonstrate proficiency. Failure to respond appropriately to basic questions will result in an OOS violation. Inspectors are instructed to speak slowly, but naturally. They are not to rush through questions and may paraphrase in English the sample driver interview questions included in the enforcement memo.

 

so then, let's make sure all truckers get no punishment for thier lack of professionalism and skills, and wipe out families, and cause major destruction..??

BS.

let's "let this guy go" "cuz he didn't know any better and YOU feel sorry for him..??

BS.

he got all that he got from a good old fashion, "hanging judge", which we need more of, rather than pansies on the bench, that slap on the wrist, and let someone loose.

we also NEED lawmakers in every state house to enact tougher laws, with stiffer prison sentences.

when a person obtains a CDL, that person is HELD to a higher standard, as a PROFESSIONAL, than the ordinary moron 4 wheeler.

 

I was told because it was published in 2007 it's old information and doesn't apply.... I mean it's not like any policy in 2007 is still enforced or anything I guess....

 

To me this is a more serious offense than some of the petty things people get written up for or placed O.O.S. for.

 

Don't disagree that least bit. We need either a federal CDL system (which makes me cringe just thinking about it) or the feds slapping some of the most blatant abuses like Texas and Illinois.

 

I'm not defending him of downplaying what he did. I'm saying a life sentence is extreme since there was no mal intent, just ignorance. That's all.

 

Just to correct the record, there is only one ramp coming east. In no way is that meant to minimize what he did.

 

He's barreling down the shoulder at highway speed past stopped traffic. There's a truck stopped on the shoulder in front of him. Instead of taking out guardrail and hitting the long, open and fairly flat ditch, he chose to turn into stopped cars.

That's pretty ####ing mal intent!

 

He closed his eyes and intentionally drove back into traffic when he saw the truck on the shoulder ahead of him, seems a lot like intent to me. How many hills did he go down previous to that one? I'm pretty sure he wasn't born on that hill and I'm ###### sure he didn't teleport there he got there safely somehow, how come he couldn't safely get down that hill?

 

I stand corrected on that. Been a long while since I've been down that hill.