One-in-five trucking companies indicated some of their drivers might struggle to comply with English language proficiency (ELP) requirements in the US, according to about 100 carriers who responded to Canadian Trucking Alliance (CTA) survey since May.
An average of 15 percent of the combined fleet of surveyed indicated drivers could negatively affected by the change in enforcement.
Under the new guidance, the Federal Motor Carrier Safety Administration’s (FMCSA) longstanding English-language proficiency (ELP) requirements – FMCSR 391.11 (b)(2) – will be given added attention with new non-compliance consequences. The industry was notified May 20 commercial motor vehicle drivers who fail to comply with will be issued a citation and placed out-of-service when the CVSA driver out-of-service ( OOS) criteria go into effect June 25; and could potentially have their drivers’ licenses disqualified when warranted.
The policy announcement was prompted by a Presidential Executive Order issued in April of this year.
“The heightened enforcement attention on this issue has been in place since late May. We will be continuing to monitor the situation closely once the OOS goes active mid-next week and will be comparing it to the survey results,” says Geoff Wood, Sr Vice President, Policy, of the CTA. “While this appears manageable right now, the trucking industry is experiencing the worst freight recession in 40 years. The full impact to Canada-US trade would likely increase as economies improve and demand for freight transportation rises.”
Other than what has been published by FMCSA, there are no additional details from U.S. law enforcement on how drivers will be tested for language proficiency or exactly how enforcement will be applied in various jurisdictions. However, it is understood FMCSA’s intent is to ensure drivers can communicate effectively with enforcement officials and understand highway signage for the safe operation of their commercial vehicle on US roads and highways.
CTA will communicate any additional official details as they emerge and will continue to work with the carrier and enforcement communities to ensure communication and enforcement expectations are understood by all parties. FMCSA also posted FAQs that carriers are strongly encouraged to review. Click here for details.
Additionally, the International Road Transport Union (IRU), in partnership with the CTA, American Trucking Associations (ATA) and the National Chamber of Freight Transportation (CANACAR) in Mexico, is hosting a free of charge informative webinar Monday June 23 on the English language comprehension rules for all commercial drivers.
Click here to learn more and register for the webinar. Carriers are encouraged to participate in this event where representatives from the US law enforcement will provide updates and their plans going forward.
CTA will be monitoring the application of the out-of-service criteria as it rolls out starting next week.
CTA members experiencing enforcement activity are asked to email operations_safety@cantruck.ca with details of the inspection and associated documentation.
