In April this year, President Trump signed an executive order to ensure all commercial drivers can speak and understand English. The Commercial Vehicle Safety Alliance (CVSA) updated its out-of-service criteria to require a driver be placed OOS when law enforcement determines a lack of English proficiency (English Language Proficiency, the ELP rule). (https://www.prepassalliance.org/english-proficiency-added-to-cvsa-out-of-service-criteria/). The CVSA rule is effective June 25.
How will law enforcement test for English proficiency? What can motor carriers do to assist their drivers?
The two-part English proficiency test. Federal law does not require a truck driver to be fluent in English; only that the driver is sufficiently proficient in English to understand road signs, communicate with law enforcement, maintain required logs and reports, and assist others in emergencies. In other words, can the driver operate safely in an English-speaking environment?
During a roadside inspection, a law enforcement officer may assess English proficiency through a two-step process. First, the officer will ask the driver to respond in English to questions. Commonly, those questions will concern matters a truck driver should readily know: May I see your insurance card? What are you hauling? Can you tell me the route to your destination? The driver is not permitted to use translation devices or other assistance in answering.
Next, the officer asks the driver to identify and explain standard traffic signs. The signs are pulled from the Manual on Uniform Traffic Control Devices (MUTCD) – so, nothing exotic or unusual, though electronic message signs may be included.
Failing either step, the driver will be placed out of service. The officer must document the driver’s responses, as severe cases may trigger an FMCSA action to disqualify the driver from interstate commerce.
Two exceptions to the ELP rule:
- Drivers operating in the border commercial zones (e.g., U.S.-Mexico border) may be cited for ELP violations but will not be placed out of service.
- Drivers with a federal hearing exemption will not be deemed to be in violation solely for their difficulty in oral communication.
Assisting drivers with English language proficiency. There are many good, safe truck drivers for whom English is a second language. Motor carriers can help keep those drivers on board and operating through some simple steps:
- Update hiring procedures to avoid future language proficiency problems.
- Train all drivers to maintain the appearance of their truck and keep their documents neat and organized. Roadside inspectors follow visual cues and tend to dig deeper when equipment or paperwork is messy.
- Explain the two-part English proficiency test to existing drivers and assess whether any have difficulty with the test. For examples of traffic signs, the Manual on Uniform Traffic Control Devices can be found here: https://mutcd.fhwa.dot.gov/kno_11th_Edition.htm.
- If drivers show difficulty with the English proficiency test, help them locate a nearby English as a Second Language (ESL) course. These are often available at local community colleges. There are also English proficiency courses available commercially for truck drivers (e.g., https://www.cnslearninghub.com/product/english-proficienvy-readiness-course/).
Highway safety benefits when all users can read and understand the rules of the road. You can help improve safety while protecting your good truck drivers by supporting English proficiency.