In May, the Federal Motor Carrier Safety Administration issued an Internal Agency Enforcement Policy to implement the English Language Proficiency requirement as an out-of-service violation for CMV drivers. The policy statement was a directive to federal and state enforcement officials on how to conduct interviews with drivers to assess proficiency to speak and read English and interpret road signs.

This policy advises FMCSA personnel to initiate all roadside inspections in English. If the inspector’s initial contact with the driver indicates that the driver may not understand the inspector’s initial instructions, the inspector should conduct an English Language Proficiency assessment in order to evaluate the driver’s compliance with 49 CFR § 391.11(b)(2). This assessment should consist of a (1) driver interview; and (2) highway traffic sign recognition assessment.

The driver should respond to the inspector in English. Tools to facilitate communication such as interpreters, I-Speak cards, cue cards, smart phone applications, and On-Call Telephone Interpretation Service may not be used during the driver interview, as the memo states those tools may mask a driver’s inability to communicate in English.

Previously, the two attachments to the FMCSA’s English Language policy document were not available to the public. But one FMCSA official has now shared them. The attachments set out the types of questions to be asked of drivers at a roadside encounter, along with certain variations, as well as a list of typical highway signs that a driver might be asked to interpret.