Roadway safety is a regular topic at statehouses. Given recent events and pressure on the federal level down to states, it’s not surprising that English proficiency is now part of the conversation.
Already this year, Arkansas and Oklahoma acted to address concerns about English proficiency for truck drivers. A new pursuit on the issue is underway in Wyoming.
OOIDA initiates discussion on issue
In March, the Owner-Operator Independent Drivers Association amped up the pressure, calling for enforcement of the existing federal English proficiency regulations.
OOIDA is the nation’s largest trade association representing small-business truckers and professional truck drivers.
Federal regulations have long required truck drivers to demonstrate English proficiency adequately enough to converse and understand road signs. Since 2015, however, the Commercial Vehicle Safety Alliance had not placed non-compliant drivers out of service.
OOIDA this spring petitioned the CVSA to reinstate the out-of-service penalty for non-compliant drivers.
A month later, President Donald Trump issued an executive order to enforce federal law that requires commercial vehicle drivers to “read and speak the English language sufficiently to converse with the general public, to understand highway traffic signs and signals in the English language, to respond to official inquiries and to make entries on reports and records.”
Following the pressure from OOIDA and the executive order, CVSA voted to reinstate the out-of-service penalty for drivers not in compliance with the English-proficiency standard.
State action encouraged
In April, Rep. Harriet Hageman, R-Wyo., joined the calls to crack down on truck drivers who fail to comply with English-proficiency standards. She sent a letter to DOT Secretary Sean Duffy calling for the repeal of 2016 guidance, which weakened enforcement of the provision.
Now her home state is attempting to take action.
In Wyoming, the Legislature’s Transportation, Highways and Military Affairs Committee met Tuesday, Aug. 19, to discuss English proficiency for truck drivers operating in the state.
Wyoming Highway Patrol Lt. Kyle McKay provided lawmakers with some recent figures. He pointed out that a year ago, the Highway Patrol encountered 379 English-proficiency violations noted on inspections.
“During that time, we were unable to place the driver out of service,” McKay said.
From Jan. 1 to June 25 this year, the agency noted 279 violations. Since then, more than 230 violations have resulted in truck drivers being placed out of service for English-proficiency violations.
McKay noted that the rule is not limited to large trucks. Any commercial vehicle over 26,000 pounds is covered.
Col. Tim Cameron told the panel state action on the issue would be helpful for law enforcement. He added that the trucking industry also wants action.
“Far and away, the majority of commercial vehicle drivers are true professionals,” Cameron testified. “I think that’s why the majority of trucking associations, whether locally or nationally, support the enforcement of (English language proficiency).”
Wyoming truckers share appreciation for effort
Wyoming Trucking Association President Kevin Hawley testified at the hearing.
Hawley told the panel that truck drivers appreciate the work of the Wyoming Department of Transportation and the Highway Patrol on the issue. He highlighted how difficult a task they are undertaking.
“There is a big ball of yarn to untangle with this. It is not just one simple solution. We can dig deeper, deeper and deeper,” Hawley said.
Wyoming lawmakers to work on bill
The transportation panel agreed to work on a draft bill that would expand enforcement of the federal English-proficiency regulations.
Specifically, county sheriff and local police departments would be permitted to hand out state-level penalties for truck drivers still driving after being found in violation of the federal regulations.
Sen. Stephan Pappas, R-Cheyenne, is a committee co-chair. He asked the Highway Patrol for an estimate on how many drivers would be placed out of service if county and local enforcement officers were permitted to enforce the rule.
“If I was a betting man, I think it would triple,” McKay answered.
The committee plans to consider a draft bill on the topic during its Oct. 20 meeting.
Pappas said it is important to also get industry input.
He called for making the bill draft available to the public prior to the fall meeting in order to get “as many comments as we can about the topic” to make the bill draft as strong as possible. LL
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