Executive Order Revives English Proficiency Enforcement for Truck Drivers

On April 28, President Trump issued an Executive Order, Enforcing Commonsense Rules of the Road for America’s Truck Drivers (“the Order”), directing the U.S. Department of Transportation (“DOT”) to resume enforcement of the agency’s English language proficiency requirements applicable to commercial truck drivers.  The Order directs DOT to withdraw the agency’s current enforcement policy which was issued at the end of the Obama Administration within 60 days and to amend the agency’s out-of-service criteria so that violations of the agency’s English proficiency requirements result in drivers being placed out-of-service. 

What are the effects of the Order?

DOT’s regulations require commercial truck drivers to be able to read and speak English well enough to be able to converse with the public, understand highway signs and traffic signals in English, respond to law enforcement and other official inquires, and fill out reports and records.  Under the policy that is being withdrawn, DOT enforcement staff would not conduct roadside interviews to confirm English proficiency, and drivers could demonstrate English proficiency using interpreters, I-speak cards, smart phone applications and telephone interpretation services.  Under the prior policy, drivers would only be cited for lack of English proficiency for admitting that they could not speak English, and violations would not result in a driver being placed out-of-service. 

Following the Order, DOT will require that drivers exhibit a sufficient command of English to be able to respond to questions from roadside inspectors about the origin and destination of the trip, the number of hours the driver has been on duty, the driver’s license, and equipment on the truck that is subject to DOT safety regulations.  Drivers will be placed out-of-service if they are unable to demonstrate sufficient English proficiency during a roadside inspection.

The Order signals a renewed focus on commercial driver qualification and licensing with an emphasize on English proficiency.  To minimize any disruptions, fleet operators and trucking companies should assess their drivers’ English proficiency to avoid any compliance concerns or operational disruptions from DOT’s new enforcement policy.

Are there other changes that DOT could make in response to the Order?

The Order also directs DOT to identify regulatory and enforcement actions to improve the working conditions of America’s truck drivers.  Previously, drivers have requested changes to DOT’s hours of service regulations to provide additional flexibility and expressed concerns regarding electronic data log requirements.  These are some of the regulations that DOT could amend in response to the Order.

Honigman’s Regulatory & Executive Order Task Force is closely monitoring changes to regulations and enforcement policies that DOT may make in response to this Executive Order.  Please reach out to a member of the Regulatory Practice Group  with any questions or for further assistance.