The Commercial Vehicle Safety Alliance board of directors voted on Thursday to make English proficiency violations grounds for truck drivers to be placed out of service, a decision that could significantly reduce trucking capacity.
The vote, held under an emergency provision in CVSA’s bylaws, came just days after President Donald Trump issued an executive order directing that the federal out-of-service criteria be revised to reflect the policy change, reversing a less stringent policy that has been in place for 10 years.
Under the Obama Administration in 2016, the Federal Motor Carrier Safety Administration removed the requirement to place truck drivers out of service for violating federal English Language Proficiency rules.
The new out-of-service rule becomes effective June 25.
“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,” CVSA stated in a press release.
“The [FMCSA] will issue guidance for commercial motor vehicle inspectors to ensure enforcement of the English language proficiency standard is applied consistently.”
While FMCSA sets the safety rules for the trucking industry, CVSA, whose members include state highway patrol officers, has been given the authority, in most cases, to determine whether violating those regulations is serious enough to warrant placing a driver out of service.
Insurance experts specializing in the trucking sector have estimated that 10% of the total driver population lacks proficiency in English. With over 3 million interstate CDL drivers in the country, according to FMCSA’s most recent statistics, the out-of-service mandate could lead to a significant drop in capacity in the market.
CVSA explained that its emergency provision bylaws allow 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.”
CVSA stated it will petition FMCSA to update the English language proficiency regulation – [49 CFR 391.11(b)(2)] – to formally identify violations as an out-of-service condition.
“CVSA will also send a petition to 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 Driver Instructors,’ so that the standards are consistent.”
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