Note: The Federal Motor Carrier Safety Administration released additional guidance on May 20.
Pursuant to President Donald J. Trump’s Enforcing Commonsense Rules of the Road for America’s Truck Drivers Executive Order, the Commercial Vehicle Safety Alliance (CVSA) Board of Directors voted to add non-compliance with Title 49 Code of Federal Regulations (CFR) 391.11(b)(2) to the CVSA North American Standard Out-of-Service Criteria, effective June 25.
CVSA will add an “English Proficiency (U.S. Only)” heading to the “Part I – Driver” section of the North American Standard Out-of-Service Criteria with the following language: Driver cannot read and speak the English language sufficiently to communicate with the safety official to respond to official inquiries and directions in accordance with FMCSA enforcement guidance. (391.11(b)(2)) Declare driver out of service.
CFR 391.11(b)(2), “General qualifications of drivers,” states that a driver must 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 inquiries, and to make entries on reports and records.
The CVSA North American Standard Out-of-Service Criteria details the criteria that prohibit a motor carrier or driver from operating a commercial motor vehicle. By adding English language proficiency to the out-of-service criteria, a commercial motor vehicle inspector may place a driver out of service if they cannot demonstrate proficiency in reading and speaking English. According to the U.S. Department of Transportation, the Federal Motor Carrier Safety Administration (FMCSA) will issue guidance for commercial motor vehicle inspectors to ensure enforcement of the English language proficiency standard is applied consistently.
This revision to the out-of-service criteria was approved by the board under an emergency provision within the CVSA Bylaws, which allows the board to vote on a change to the out-of-service criteria without a vote by Class I Members, which is the usual process for changes to the criteria. The board utilized the emergency bylaw provision to meet the president’s 60-day deadline, as noted in his executive order.
In addition, CVSA will petition FMCSA to update 49 CFR 391.11(b)(2) to identify non-compliance with English language proficiency as an out-of-service condition. CVSA will also send a petition FMCSA requesting that the agency harmonize the commercial driver’s license English language requirements in 49 CFR Part 383 “Commercial Driver’s License Standards” with those in 49 CFR Part 391 “Qualifications of Drivers and Longer Combination Vehicle (LCV) Driver Instructors” so that the standards are consistent.