FMCSA Implements English Proficiency Policy for Drivers

Roadside inspectors will begin immediately testing truck drivers on their level of English proficiency, and remove most from service, under a new federal policy.

According to a May 20 enforcement policy memo distributed by the Federal Motor Carrier Safety Administration (FMCSA), inspectors are to perform the proficiency test if the “initial contact with the driver indicates that the driver may not understand the inspector’s initial instructions.”

The testing policy, prompted by an April 28 executive order, involves a two-part examination. For the first half, the inspector interviews the driver in English. Assistance tools, such as an interpreter, I-Speak cards, cue cards, smart phone apps and on-call interpretation services “should not be used during the driver interview, as those tools may mask a driver’s inability to communicate in English.”

For the second half of the test, drivers will be tested on their ability to interpret highway traffic signs. If drivers fail either part of the test, inspectors are instructed to cite them for failing to meet the general qualifications for commercial vehicle drivers (49 CFR §391.11(b)(2)). In most cases, the inspector will place the driver out of service and — when warranted — move to disqualify the driver from operating commercial vehicles in interstate commerce.

“America First means safety first,” said Transportation Secretary Sean Duffy in a related release. “Americans are a lot safer on roads alongside 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.”

Not all drivers that struggle with the test will be taken out of service. The memo specifies that inspectors along the Mexico border who encounter drivers unable to pass the proficiency test should still cite them but not remove them from service. Drivers that are hard of hearing will neither be cited nor removed from service if they fail the test, provided they have an approved exemption for their hearing.