President Trump Issues Executive Order Addressing English Proficiency Requirement
Yesterday afternoon, President Donald Trump signed an executive order (EO), “Enforcing Commonsense Rules of the Road for America’s Truck Drivers,” addressing the requirement for commercial truck drivers to demonstrate English proficiency under the Federal Motor Carriers Safety Regulations (FMCSRs). Under the EO, the Federal Motor Carrier Safety Administration (FMCSA) is directed to take action to ensure drivers who violate the proficiency requirement in 49 U.S.C. § 391.11(b)(2) will be placed out-of-service by roadside enforcement.
The EO rescinds the 2016 guidance issued by the FMCSA, which had relaxed the enforcement of English proficiency standards. The 2016 guidance allowed drivers to use interpreters, cue cards, and phone apps to demonstrate English proficiency, and removed the out-of-service requirement for violations. The new EO will reinstate the requirement that enforcement personnel place drivers who do not meet the English proficiency standard out-of-service. The EO explains its goal is to enhance roadway safety by ensuring that all drivers can effectively read road signs, communicate with safety officials, and follow critical instructions.
The EO does not address the specific information that motor carriers and their drivers must provide to satisfy this requirement or how FMCSA staff and enforcement personnel will assess a driver’s compliance. Before the 2016 change in enforcement policy, the FMCSA had provided tools to FMCSA staff and enforcement personnel to evaluate a driver’s English proficiency. Under the EO, the FMCSA will have sixty days to issue new guidance “outlining revised inspection procedures necessary to ensure compliance with the” English proficiency requirement.
The EO also directs the FMCSA to evaluate and consider actions to address improperly issued non-domicile CDLs issued by state agencies, as well as fraudulent CDLs or equivalents issued by state and international agencies. In addition, the EO directs the Secretary of Transportation to, within 60 days, “identify and begin carrying out additional administrative, regulatory, or enforcement actions to improve the working conditions of America’s truck drivers.” This is a broad, open-ended directive that will have to be monitored.
If you have questions about this development, please contact Greg Feary, Tim Wiseman, Chris Eckhart, or Prasad Sharma.
News from Scopelitis is intended as a report to our clients and friends on developments affecting the transportation industry. The published material does not constitute an exhaustive legal study and should not be regarded or relied upon as individual legal advice or opinion.
President Trump Issues Executive Order Addressing English Proficiency Requirement
Yesterday afternoon, President Donald Trump signed an executive order (EO), “Enforcing Commonsense Rules of the Road for America’s Truck Drivers,” addressing the requirement for commercial truck drivers to demonstrate English proficiency under the Federal Motor Carriers Safety Regulations (FMCSRs). Under the EO, the Federal Motor Carrier Safety Administration (FMCSA) is directed to take action to ensure drivers who violate the proficiency requirement in 49 U.S.C. § 391.11(b)(2) will be placed out-of-service by roadside enforcement.
The EO rescinds the 2016 guidance issued by the FMCSA, which had relaxed the enforcement of English proficiency standards. The 2016 guidance allowed drivers to use interpreters, cue cards, and phone apps to demonstrate English proficiency, and removed the out-of-service requirement for violations. The new EO will reinstate the requirement that enforcement personnel place drivers who do not meet the English proficiency standard out-of-service. The EO explains its goal is to enhance roadway safety by ensuring that all drivers can effectively read road signs, communicate with safety officials, and follow critical instructions.
The EO does not address the specific information that motor carriers and their drivers must provide to satisfy this requirement or how FMCSA staff and enforcement personnel will assess a driver’s compliance. Before the 2016 change in enforcement policy, the FMCSA had provided tools to FMCSA staff and enforcement personnel to evaluate a driver’s English proficiency. Under the EO, the FMCSA will have sixty days to issue new guidance “outlining revised inspection procedures necessary to ensure compliance with the” English proficiency requirement.
The EO also directs the FMCSA to evaluate and consider actions to address improperly issued non-domicile CDLs issued by state agencies, as well as fraudulent CDLs or equivalents issued by state and international agencies. In addition, the EO directs the Secretary of Transportation to, within 60 days, “identify and begin carrying out additional administrative, regulatory, or enforcement actions to improve the working conditions of America’s truck drivers.” This is a broad, open-ended directive that will have to be monitored.
If you have questions about this development, please contact Greg Feary, Tim Wiseman, Chris Eckhart, or Prasad Sharma.
News from Scopelitis is intended as a report to our clients and friends on developments affecting the transportation industry. The published material does not constitute an exhaustive legal study and should not be regarded or relied upon as individual legal advice or opinion.