Reversal of FMCSA Memorandum MC-ECE-2016-006

Petition to the United States House Committee on Transportation and Infrastructure

United States House of Representatives

Washington, D.C. 20515

The Honorable Sam Graves Chair, Committee on Transportation and Infrastructure

Subject: Immediate Reversal of FMCSA Memorandum MC-ECE-2016-006 on English Language Proficiency

Dear Honorable Members of the House Committee on Transportation and Infrastructure,

We, the undersigned, respectfully submit this petition urging your esteemed committee to reconsider and reverse the Federal Motor Carrier Safety Administration’s (FMCSA) Memorandum MC-ECE-2016-006, issued on June 15, 2016, concerning English Language Proficiency Testing and Enforcement Policy. This policy, which supersedes prior directives on the enforcement of 49 CFR 391.11(b)(2) related to English language requirements for commercial drivers, has inadvertently introduced an imminent hazard to highway safety.

Background: The original intent behind 49 CFR 391.11(b)(2) was to ensure that commercial motor vehicle drivers possess sufficient English language skills to read and comprehend highway signs, placards, and emergency instructions, thereby preventing accidents and promoting road safety. The decision to no longer enforce this requirement as outlined in the 2016 memorandum undermines this safety standard.

Concerns:

  1. Safety Implications: The ability to understand and react to road signs, especially in emergency situations, is critical for driver and public safety. The removal of the enforcement of language proficiency could lead to increased accidents due to misunderstandings or misinterpretations of safety instructions and road signage.
  2. Legal Precedent and Public Expectation: There is an expectation, supported by legal and regulatory frameworks, that drivers of commercial vehicles must be able to communicate effectively in English for operational safety. The reversal of this enforcement policy could set a dangerous precedent, potentially extending to other areas where language proficiency is crucial for public safety.
  3. Public Sentiment: There’s a noticeable concern among the public, evident from discussions on platforms like X (formerly known as Twitter), where individuals have expressed dismay over policies that might compromise safety for the sake of other considerations. This sentiment underscores a broader concern about the prioritization of safety in transportation policy.

Request for Action: We implore the Committee to:

  • Review the implications of the current policy on highway safety.
  • Consider the public’s safety as reflected in the public safety data illustrating a dramatic rise in fatal crashes.
  • Initiate hearings or discussions to evaluate the effectiveness of the current policy against its original safety intent.
  • Reinstitute the enforcement of English language proficiency for commercial drivers, ensuring that they meet the necessary standards to operate safely on U.S. highways.

Conclusion: The reversal of the English language proficiency enforcement policy represents not just a change in administrative procedure but a critical compromise in the safety standards that govern our roads. We trust in your committee’s commitment to upholding the safety of all road users and urge you to reconsider this policy’s implications in light of the safety concerns highlighted.

Thank you for considering this petition. We look forward to your leadership in addressing this critical issue.

Sincerely,

American Truckers United and Fellow Petitioners


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