Can a D.O.T put a driver out of service because a driver didnt speak 100% english????

Discussion in 'Trucker Legal Advice' started by Charliem2, Feb 27, 2013.

  1. wideglide13

    wideglide13 Light Load Member

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    Jan 30, 2013
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    They might not of spoke english at the time they took the test .A lot of states give the test in different language at least written part . I don't know what the road test is like now when i took it i did not say a word or do pre trip just got in truck drove around block no backing got licence .. I know it's not like that now
     
    Last edited: Mar 3, 2013
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  3. RickG

    RickG Road Train Member

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    Section 391.11(b)(2) of the Federal Motor Carrier Regulations requires that all commercial drivers in interstate commerce be able to 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 enquiries, and to make entries on reports and records.
    #
    If the driver cannot answer questions regarding the origin and destination of his trip,# the amount of time spent in any duty status, and the driver's licence and vehicle components subject to the regulations, the driver may be cited for a violation under 391.11(b)(2) and placed out-of-service in the US.
    #
    Further to these requirements, FMCSA implemented a roadside competency test for drivers in 2008 to determine if they have a basic understanding of road signs.#
    The test is as follows:
    #
    §##### It includes a page showing various road signs
    §##### This page of signs is shown to the driver
    §##### The inspector chooses 4 signs at random
    §##### The inspector asks the driver to explain the four signs selected
    §##### Failing to explain 3 of the 4 signs results in a violation of 391.11(b)(2) being cited on the inspection report.
    #
     
  4. Scalemaster

    Scalemaster Heavy Load Member

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    Mar 13, 2011
    Midwest
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    It is not 100% english, or any regional accent that causes problems with 391.11.

    It is when you ask:
    • can I see your drivers license? - and they hand you their bills
    • can I see your registration? - and they say Atlanta
    • can I see your log book? - and they say Dallas
    • what do you have on board? - and they say yes, and don't move to give you anything
    • where did you pick up your load? - and they say strawberries

    Or when they come in the scalehouse, the first thing they do is dial their cel phone and want to hand it to you so you can talk to them through an interpreter on the other end.

    These are the folks that get put out of service on 391.11.
     
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  5. aiwiron

    aiwiron Road Train Member

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    As it should be, you would love hanging out at a truck stop on day and just walk up to people and ask them a simple question and listen to responses.
     
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  6. Hardlyevr

    Hardlyevr Road Train Member

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    Yeah, but then there definitely would not be any parking places, cuz none of the drivers would be left to move the trucks!
     
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  7. Hardlyevr

    Hardlyevr Road Train Member

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    But who gave these folks a CDL? And why are they not in jail? Who hired them, and they should be fined out of business too.
     
  8. RickG

    RickG Road Train Member

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    Blondes at the fuel desk are exempt from FMCSR
     
  9. aiwiron

    aiwiron Road Train Member

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    Roflmao well said
     
  10. ShooterK2

    ShooterK2 Road Train Member

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    Just an experience here: The other day I was sent to load sand at a plant near Lubbock, TX. Having never been there before, I didn't know the particulars (every plant has certain "protocol", and if you've never been there, you may do something backwards and get in the way or something). There were several trucks loading, and the scalehouse had the usual loop behind it for turning around, with an entrance and an exit. The problem is, neither of them are marked as to which is what. So, before pulling in, I got on the radio and hollered for one of the other drivers to instruct me....... "Is it counterclockwise around the scalehouse, or clockwise? Right or left?" No answer. I repeated. No answer. So I thought maybe they ran on another channel at this plant, as some do, but there was no sign indicating as such. So I made a decision (best I could in the middle of the night, with no light except my headlights) and went counterclockwise and pulled onto the scale for and empty weight.

    As I was exiting the scale, one of the loaded trucks came to weigh out. Just as I was afraid of, he pulled up in front of me, going clockwise around the scalehouse. He stopped short, allowing me room to slide by in front of him before he pulled onto the scale. Again, I tried the cb, apologizing for my ignorance, but got no response from him. However, after I got out of his way, chatter arose on the radio among several drivers....... 100% of which was in spanish.

    So they WERE all on channel 19. I guess they just couldn't understand anything I was saying, or didn't know how to respond in English.

    I know this is not a huge deal, but it's frustrating. I can only imagine what the DOT man has to deal with on a daily basis.

    And no, I'm not saying that English is better than Spanish or any other language. But it is the language of this country, and has been since long before any of us on this forum have been around. It's what is taught in grade school as the primary language. Anything else you learn in school is a secondary language. So it only makes sense that, in order to drive (especially a CMV), you be able to speak and understand English. And that is my opinion.
     
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