The Commercial Vehicle Safety Alliance wants the Federal Motor Carrier Safety Administration to make all of its English-proficiency enforcement playbook public.
On Nov. 6, CVSA sent a letter signed by Executive Director Collin B. Mooney to FMCSA Administrator Derek Barrs.
“CVSA has heard frequently from our colleagues in the motor carrier industry that they need to know how enforcement is evaluating compliance with the English-language-proficiency requirements in 49 CFR § 391.11(b)(2) so they can apply that same standard to their drivers and can properly design their own compliance, onboarding and training programs for drivers to meet the standard,” Mooney wrote.
In May, Transportation Secretary Sean Duffy announced that the DOT would begin enforcing an existing regulation that requires CDL holders to demonstrate basic English proficiency. Proponents of the regulation say that it is unsafe for people who can’t read electronic road signs or take directions from a law enforcement official to be operating an 80,000-pound vehicle across the country.
On the same day of Duffy’s announcement, CVSA said it received a non-redacted version of FMCSA’s enforcement guidance document related to evaluating a driver’s compliance with English-proficiency requirements. Meanwhile, a redacted version was released to the public.
“CVSA is requesting that the agency make the non-redacted version of the enforcement guidance document available publicly,” Mooney wrote. “Doing so will improve transparency and better inform the motor carrier community of how to ensure their drivers comply with the English-language-proficiency requirements … Releasing the non-redacted version of the enforcement guidance document would have a positive impact on compliance and roadway safety by providing the motor carrier community with the information they need to understand the regulations and how compliance is defined. It will also help enforcement to educate and provide guidance to drivers and motor carriers when questions arise.”
Additionally, CVSA said that releasing the non-redacted version would help avoid misinformation about what the regulation requires and how it is being enforced.
“We appreciate the agency’s consideration of this request to improve roadway safety through improved transparency and understanding of the regulatory expectations of the commercial motor vehicle industry,” Mooney wrote. LL
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