At Last

For 2 years, I've been asking for an explanation for the FMCSA's lack of enforcement of the English language requirement. No one I asked knew the answer. But I kept searching, and at last, I found the answer:

A rule from the 1930s made employers responsible for evaluating a driver's proficiency in English.

In 1997, the Federal Highway Administration proposed regulations that required that commercial vehicle drivers in interstate commerce be able to "read and speak the English language sufficiently to converse with the general public, understand highway traffic signs and signals, respond to official inquiries, and make entries on reports and records." But it made no provisions for enforcement, and CDL rules let states administer driving tests in foreign languages.

In 2003, the The Federal Motor Carrier Safety Administration (FMCSA) held a public debate to consider a proposal that would have standardized the English fluency requirements for truck drivers.

Central to the debate were the issues surrounding
1)more definitive standards and stringent rules
2)violation of federal discrimination laws if there were standards and rules

FMCSA concluded that "The rule as written gives carriers the flexibility to individually determine if a driver has the communication skills necessary to operate safely,"

It also said that there was no inconsistency in letting states offer CDL tests in foreign languages and letting carriers be responsible for determining the appropriate "undefined level of proficiency in English."(If this seems chaotic to you, that is because it is)

Here is the quote from the FMCSA:
"The tests, training, and study manuals associated with obtaining a CDL are complex. Therefore, the administration of the CDL test in languages other than English is justified. However, in actual operation on the highway, the CDL driver must be able, based on the needs of the carrier's operation, to have a sufficient command of English to ensure that safety is not compromised."

(Note: If the training manuals and testing are complex, why is truck driving classified as unskilled?"

Category Posted: General