It's only taking then 38 years to decide to enforce the rules?
hmmm slow even for them
From the Federal Motor Carrier Safety Administration;
391.11(b)(2)
Background - Under §391.11(b)(2) of the Federal Motor Carrier Safety Regulations (FMCSR), it says that all drivers must 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. This rule was often thought of as being subjective. In the past, each employer and law enforcement personnel interpreted the rule differently. Even though the rule has been in effect since 1970, no one had been placed out-of-service because it was not incorporated into the North American Standard Out-of-Service Criteria (a.k.a. Out-of-Service Criteria). The OOS Criteria is published by the Commercial Vehicle Safety Alliance (CVSA).
from the Commercial Vehicle Safety Alliance;
New Out of Service Criteria from CVSA effective April 1, 2005The Commercial Vehicle Safety Alliance (CVSA) has updated the North American Standard Out OfService (OOS) Criteria handbook for commercial vehicles.
The updates, which include Hours of Service andLoad Securement, are in the new handbook that is available on their website. If you are interested inpurchasing this new handbook, please contact T.J. Cantwell at , as NLBMDA is able to obtain adiscount for bulk purchases through our membership with CVSA.
All CVSA certified law enforcement agencies (and most of them are certified) use these criteria wheninspecting your vehicles and determining whether the vehicle or driver is classified as OOS. Once a driver or
vehicle is declared OOS, the vehicle cannot be moved until the issue is resolved and you are back incompliance.One notable inclusion to the new OOS criteria is the following reference regarding drivers:If a commercial vehicle driver is unable to communicate sufficiently to understand and respond to officialinquires and directions, he/she will be placed out of service.
In accordance with FMCSR 391.11 (b)(2) a person is qualified to operate a commercial vehicle if he/she:(b)(2) Can read and speak the English language sufficiently to converse with the general public, tounderstand highway traffic signs and signals in the English language, to respond to official inquiries, and tomake entries on reports and records;Remember, that this applies to all commercial vehicles, not just your fleet vehicles that require a CDLto operate.
While the new CVSA OOS criteria is not an English Language Requirement, it is important tounderstand that you, as a motor carrier, have the obligation to ensure that all your drivers have sufficientcommunication skills to carry out their assigned duties. Dont rely on the officer being able to speak Spanishor other language in order to communicate with your driver.
I know, many of them do speak English just fine and they are just playing a game. Enforcement of and $500 tickets would put an end to the “no habla” BS in fairly short order.
>:If a commercial vehicle driver is unable to communicate sufficiently to understand and respond to officialinquires and directions, he/she will be placed out of service.<
Have you ever heard of this happening?