Petitions aim to prevent unqualified drivers from receiving CDLs

In recent months, there have been a lot of stories about efforts to remove unqualified truck drivers from the roadways.

An OOIDA member recently petitioned the Federal Motor Carrier Safety Administration to create a system that will help ensure unqualified drivers never find their way behind the wheel.

In a letter dated Aug. 29, Natasha Cruz-Sanchez told the FMCSA that making English proficiency a qualification, like a hazmat or tanker endorsement, would create a uniform standard for compliance.

Recent high-profile crashes have placed a spotlight on the safety concerns surrounding commercial drivers who lack basic English skills. The Owner-Operator Independent Drivers Association has said for years that drivers who are unable to read road signs and communicate with law enforcement officers create a safety hazard.

Cruz-Sanchez’s proposal is being called, “The Safe Communication Act: English Language Proficiency Endorsement for Truckers.”

“This would make ELP a clearly testable, verifiable and standardized credential, consistent across all jurisdictions,” wrote Cruz-Sanchez, who is a bilingual truck driver. “Such a reform would enhance legal clarity, uphold safety standards and promote fair and equal treatment for all commercial drivers.”

During an interview with “Trucking with OOIDA,” Cruz-Sanchez said that the Department of Transportation needs to take a new approach in order to improve highway safety – one that starts with ensuring only qualified drivers receive CDLs.

“Why don’t we address this issue from the very beginning instead of trying to put a temporary fix that clearly is not working?” Cruz-Sanchez asked.

She also noted that airline pilots already go through a similar process.

The petition, which also includes collaboration from truck drivers Nelson Gonzalez-Rivera, Edgar Rolon-Padilla and Pedro Cancel, asks the DOT and FMCSA to:

• Create a formal, federally recognized ELP endorsement on CDLs
• Implement a standardized assessment for language proficiency, modeled after the Federal Aviation Administration’s system
• Provide a one-year transition period for current CDL holders to obtain the endorsement
• Protect qualified drivers from subjective roadside evaluations
• Require that testing be conducted in person via DMV facilities
• Require an ELP endorsement before someone can apply for a commercial learner’s permit
• Include the ELP endorsement as a regular endorsement on the CDL
• Issue a temporary certificate immediately after passing, valid until the updated license arrives by mail
• Collaborate with English instructors to design a trucking-relevant exam
• Develop a test preparation manual or mobile application – created with experts – similar to the CDL Prep app

Cruz-Sanchez said that the effort to make sure that only qualified drivers are operating a commercial motor vehicle must start well before a roadside interaction with law enforcement.

“Although English proficiency is essential for safety, the current lack of a standardized and measurable test results in inconsistent enforcement,” the letter states. “We strongly believe that professionalizing the trucking industry must start before individuals even enter trucking schools. Implementing ELP endorsements for both prospective and current drivers will significantly reduce crash rates.”

As of press time in early October, the petition had not been published in the Federal Register.

Another petition

A fleet compliance management company also petitioned FMCSA about taking steps to ensure proof of legal status before a CDL is issued.

In a petition dated Aug. 28, Tennessee-based DOTReady proposed three amendments to existing regulations:

• Reduce the employment history requirement on driver applications to three years
• Expand the pre-employment screening program to include safety-related termination reporting with a rebuttal process
• Enhance CDL legal status and identity verification

The third request was partially prompted by a crash that has dominated the trucking headlines in recent weeks. On Aug. 12 in St. Lucie County, Fla., a minivan crashed into a tractor-trailer driven by 28-year-old Harjinder Singh. All three of the van’s occupants were killed in the crash. The initial investigation indicated that Singh executed an illegal U-turn that led to the crash. Singh was arrested for three counts of vehicular homicide.

The crash prompted questions about whether Singh should have been operating a commercial motor vehicle in the United States.

Mentioning the crash, DOTReady asked FMCSA to mandate a federal identity verification process integrated with Department of Homeland Security databases for CDL issuance to ensure proof of legal presence and work authorization.

ELP enforcement

In late September, FMCSA released data regarding out-of-service orders.

According to research by the OOIDA Foundation, the August enforcement data shows a jump in out-of-service orders of more than 2,000. The total number of out-of-service orders issued from June 25 through the end of August totaled 3,408.

There is some question surrounding English-proficiency violations, however. Data from the start of enforcement through the end of July showed 7,688 violations. The August data released by the agency showed only 6,726 violations since the start of enforcement – a drop of 962 violations.

It’s not uncommon for government agencies to adjust data for reporting glitches or additional reporting coming in from states. But that may be little comfort for those looking for hard numbers. Andrew King, director of the OOIDA Foundation, said it could take a few more months to really see what’s going on.

In the meantime, Texas leads all states with 1,949 violations issued – although its out-of-service rate lags at 14.3%. To the state’s credit, through the end of July, its out-of-service rate was just 1.1%.

Arizona comes in second with 483 violations and a 39.3% out-of-service rate. Arizona’s neighbor, New Mexico, has numbers on the board starting in August with 41 violations and a 2.4% out-of-service rate.

Oklahoma and Arkansas, two states that pursued state-level English-proficiency laws, turned in robust out-of-service rates of 90.2% and 72.9%, respectively.

It’s important to remember this data is from June 25 through the end of August. In the data world, that makes it a fraction of the full picture. Enforcement training and plans could still be refined in some states. Not all states report data to FMCSA as quickly as others, and adjustments are frequently made to data for a variety of reasons. LL

Land Line Managing Editor Jami Jones contributed to this report.