Webinar Replay #94: Guidance to Enforce English Language Requirement for Truckers

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Good morning, everyone. Welcome to the INFINITI Fast Forward webinar series.

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We appreciate you taking some time today to join us. Got an important program.

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Uh, my name is Steve Kessler, and I’m going to host the program today.

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Um, what we’re going to talk about today is an issue that’s been with us for a long time. We’re going to talk today about English language proficiency, this new mandate.

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Can put, drivers out of service for failure to be.

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To be proficient in English. Uh, it’s gotten a lot of buzz in the industry, so we’re going to do our best to explain it and, uh, try to take some of your questions.

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Uh, before we do that, uh, let me just give you all a few, uh.

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Housekeeping items. We can’t hear you, so if you want to communicate with us, you can use the chat box.

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And, uh, pose your question or your comment, or you can use the Q&A box if you prefer to do that, to put your questions in.

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Uh, we’ll try to take the questions. Um, more towards the end of the program, so we get an opportunity to answer as many questions as we can.

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Uh, we may not get to all of them, but we generally try to keep the program to.

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Uh, under an hour, so. Why don’t y’all jump on the chat? Looks like some of you know the drill here. Tell us who you are, where you are, and who you’re with, so we….

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Kind of know who’s out there. And, uh, while y’all are doing that, let me introduce Mark Rhea.

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Uh, Mark, as you all know, joins us on most all our webinars. He’s an industry….

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Executive, uh…. Consultant in the industry, has worked in industry, what, 35, 36 years plus now?

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So he brings a lot of knowledge and experience from the industry.

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And, uh, our guest today, uh, some of you may have, uh.

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I met Todd on one of our previous webinars, but, uh.

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With us today is Todd James.  Todd’s a program manager for Drivewyze by Fleetworthy on their government experience team.

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Uh, if you don’t know, Drivewyze by Fleetworthy is a leader in the transportation technology industry that.

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Builds innovative solutions for commercial vehicle fleets. Drivers and transportation infrastructure owners and operators.

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Todd manages relationships in 7 states. Trains officers on the use of Drivewyze by Fleetworthy technology.

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Works on autonomous vehicle-related programs and collaborates on the CBSA. Level 8 Development.

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Prior to joining Drivewyze by Fleetworthy, Todd spent 26 and a half years.

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With the Colorado State Patrol. He retired as a sergeant in the motor carrier safety section.

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Todd has 16 years of commercial vehicle enforcement experience. And upon retiring, he was the compliance, safety, and Accountability Program Manager for Colorado.

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Which, by the way, is a national award-winning program. Todd has conducted roadside inspections, post-crash inspections.

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Compliance reviews and safety audits and is a court-recognized expert in commercial vehicle enforcement.

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So, that said, Todd, I’m going to turn the program over to you.

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Hey, great. Thanks, Steve. Thanks, Mark, good morning, everybody. Thanks for joining us.

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Yes, sir.

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Uh, yeah, Todd James, worked with Drivewyze by Fleetworthy. yeah, I’ve presented, uh, before.

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Uh, for this group. Today, we’re going to talk about English language proficiency and.

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What that means for driver qualification, and then, we’re also going to really… we’re going to talk about.

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Uh, the executive order that was sent out by President Trump in April of 2026, and then, um….

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I would like everybody to at least make a mental note or jot this down. The FMCSA Federal Motor Carrier Safety Administration.

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Um, sent out a policy relating to this on May 20th of 202.

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Uh, when you go to the FMCSA website, that policy, what you’re going to find is a redacted version.

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Um, so information in there is basically. Information. Um, there’s… there’s no specific information.

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As it relates to what types of questions officers are going to ask your drivers, uh, there’s no information in that memo, since it’s all been redacted.

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About what signs your road signs that your drivers need to be familiar with. So, when y’all get a chance, go into the FMCSA website, pull down that policy.

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Um, you need to know what we’re dealing with here. So….

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Uh, yeah, we’re going to talk about our roadside enforcement of English language proficiency, and how it relates to Federal Motor Carrier Safety Regulations.

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Um, there’s a picture of me, I know I’ve got a beard, but I just shaved it yesterday so I could look fresh and clean for our webinar.

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Um, as, uh, Steve read in my bio, I did… I did many years in commercial vehicle enforcement. I retired on the trooper side.

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Um, out of our motor carrier section as a sergeant, so I am….

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Quite well versed in roadside inspections. Interviewing drivers, and some of the

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trials and tribulations. Um, as it relates to drivers’ proficiency with English.

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Um, on a side note and a fun fact for everybody on the webinar, I’m also fluent in Spanish, so I’m bilingual, so I understand.

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When we’re dealing with a driver on a roadside inspection, or as part of your hiring or continuing education process of your driver.

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It is challenging for somebody that speaks several languages. To take a question.

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From their second language. Process it in their brain in their primary language.

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And then answer that question in their secondary language. In fact, I….

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Was doing this yesterday with some of our customers is…. As we were assessing them as part of my consultant business, and I noticed that the drivers, this….

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They speak English, but getting the answer out in a timely manner is a bit of a challenge.

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Um, so what I… what I anticipate for everybody on the webinar is as your drivers are being.

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Talked to during a roadside inspection. Your inspection time may increase, so be thinking of that, be mindful of that.

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As you’re planning your routes and your inspections. That inspectors are now going to be spending more time interviewing your drivers to determine your driver’s English language proficiency.

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We’ll talk about the ELP mandate. So, what is this mandate?

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Really, 3911B2 has been in effect…. For many, many, many, many years. And what that regulation.

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Um, states that a driver must be able to read and speak the English language sufficiently to converse with the general public.

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To understand highway traffic signs and signals. In the English language.

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To respond to official inquiries and make entries on reports and records.

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So, that regulation for a driver to be qualified. Under Part 39111.

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They’ve always had to meet that criteria. What’s changed, and this has changed.

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Many times over the years. Starting all the way back to, I think it was 2007.

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In 2007, Federal Motor Carrier Safety Administration came out with a list of questions for.

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Enforcement officers to ask drivers on a roadside inspection. And in addition.

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In that time frame. Commercial vehicle safety alliance adopted.

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We’re brought into the commercial vehicle. Safety Alliance out-of-service criteria.

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English language proficiency. So, many years ago, the regulation was there, officers were enforcing it on roadside inspection, and then they were also putting drivers out of service.

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For violating the provisions of 3911. Well, that changed over the years.

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The memos were rescinded; things were changed with the Federal Motor Carrier Safety Administration. The regulation was always in place.

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And then… it was decided, uh, federally, that this would no longer be an out-of-service criteria.

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Regulation was in place. Drivers still had to be proficient in English language.

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However, they were not put out of service. President Trump. Sign an executive order in April of 2026.

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Bringing and mandating. Um….

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That all drivers or commercial vehicles must show proficiency in the English language.

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In addition. In April of 2026, the Commercial Vehicle Safety Alliance Board of Directors voted.

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To incorporate non-English. Speaking violations of the regulations into the out-of-service criteria. So that’s what we’re dealing with right now.

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Is now effective tomorrow. If you are using a driver.

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That is determined on a roadside inspection by an enforcement official.

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To not be able to demonstrate English. And be in compliance with 3911B2.

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Your driver’s going to be put out of service. Now, we’re going to get into… I know you guys are going to have questions on what that means, I’ll explain what does out-of-service mean.

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Um, how are you going to resolve that? Uh, and kind of some nuances with the roadside inspection.

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Um, before we move forward, Mark, Steve, is there anything that you guys want to bring up on this slide as we’re talking about this mandate?

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Well, one of the questions that just popped up was, uh.

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School bus drivers, uh, that. Will they be subjected to the ELP mandate?

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So right now, this mandate applies to all interstate drivers. And this is where it gets… and I’m not going to get into the weeds on how states adopt federal regulations, but the long.

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The short answer to that long, convoluted regulatory mess is yes, I suspect.

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Uh, school bus drivers are going to be subject. To 3911B2, which is English Language Proficiency.

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Yeah.

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That’s a good question. Um, a lot of states. Have their own divisions within their state that deal specifically with school bus. So here….

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I’m going to throw this out to the group. Um, collectively, before we get into a lot of complicated questions.

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As we’re thinking about this. I highly encourage everybody that’s participating in this webinar.

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To have a state contact at your state DOT. Your, State Highway Patrol, your state police agency.

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That deal with the adoption. And enforcement of these regulations.

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Because each state may have some different variances. Of how they adopt this.

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And then how it’s enforced. So for now, I think it is fair to say that these rules are going to apply.

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To all drivers of commercial vehicles. I think that’s the best way to look at this.

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Um, more globally, more specifically questions for you and your operations.

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I would certainly reach out to your state enforcement partners. So that’s a great question.

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Steve, did you have anything on this one?

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No, I was going to mention the schools also, um, but there’s questions popping in already, but why don’t you move on, and we’ll try to take some of these as you.

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You may answer some of these in the process of presenting your information.

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Okay, great. We’re just going to move through PowerPoint, and then this is designed to be generic information in the PowerPoint, everybody.

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So that we can have these discussions. Um, so….

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Importance policy update as of tomorrow. Your drivers are going to be placed out of service.

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What does that mean for your operations? It means your drivers are not going to be allowed.

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To continue down the road. Until that issue has been resolved. So, what does that mean? How do you….

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How do you and how do we on the industry side resolve this issue with the driver that’s on a roadside inspection?

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That has been determined by enforcement to not be proficient in the English language proficiency.

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You must get them proficient enough to where they can communicate with enforcement.

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And… you’re probably going to have a driver sitting there for a while until you get somebody on scene to help them out.

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So I think that that’s… that’s what this is going to mean for you guys.

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Um, again, this could disrupt. Uh, timely delivery for your freight, and time that you must leave your facilities to when you actually get to a.

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A location, okay? Um, are we getting questions to pop up on that?

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Yeah, I mean, you know, people are asking. You know, how long, uh, will the driver be out of service?

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Okay.

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Somebody commented until he learns the language. Um, people are asking about tutorials.

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Okay, great.

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Online programs, um…. You know, I can just jump in here right now, really quickly, and let everybody know we’ve created some tools to help with this process.

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Uh, we’ve created a short video that kind of explains what’s changed here.

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But also have set up a…. A checklist of that.

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Uh, companies can use either in their hiring process or to evaluate current drivers.

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It’s just a series of. Questions they can pose in English to get responses back in English.

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And we feel like there are reasonable questions that might be asked on the roadside.

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And we’ve also created a test that can be assigned out.

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Uh, to drivers to test their roadside, uh, uh, capabilities, road signs.

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So, I’m going to pop up, uh. Poll at the end if you’re interested in those things, we’ll let you know. But, uh….

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Uh, we’re trying to put some tools together to help that.

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Definitely, you want to start looking for what resources are available for y’all on the fleet side.

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And I would love to sit here and…. Give you, like, hey, these are the questions that are enforcement are going to ask.

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But I don’t have those, because they’re going to enforcement. I assume… I’m assuming that it was all incorporated in that redacted memo that came out in May of 2026.

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I think it would be fair to say, everybody on the call, that.

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To the benefit for enforcement, this is going to be a challenge for them, too. They are going to apply the memo, or whatever guidance comes out from Federal Motor Carrier Safety Administrations.

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Uniformly and as consistently as they can. Um, I would start….

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Right now, by talking with your drivers and asking them questions in English, not using a translator service.

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Not using a translating device. On the phone.

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Like, where did you start your day? Because I’m thinking…. Is if I’m making a traffic stop to get ready to conduct an inspection, these are questions that I would be asking the driver.

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Where did you start today? Where are you going today? I need to see your driver’s license, registration, insurance.

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Probably going to verify all the information is correct on those documents, so questions that your drivers need to be familiar with.

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Is where are they loaded? Where are they going. Um, as it relates to their driver’s license, maybe, maybe questions about… is this where you currently live?

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These are questions that enforcement asks. Traffic stops every time that they do an inspection.

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I think where it’s going to get complicated, and maybe where it may get a little bit more subjective for everybody on the call.

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Is that your drivers are also going to have to be familiar.

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With English, or proficient enough with English to get through a roadside inspection.

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Um, this is… this was a safety issue. This is a safety issue for the motoring public, that drivers.

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Need to… need to show some proficiency in English language. They’re not expected to be fluent, but they’re expected to be proficient in English.

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Um, it’s a safety issue for your drivers, for the motoring public, and it’s also a safety issue for the inspectors that are conducting inspections. I’ve actually had

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drivers. Um…. In Spanish as well as in English, when I give them an instruction, when I’m inspecting a mechanical piece of equipment.

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That they don’t do it, and they have a behavior that is a dangerous behavior.

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For example, um, I’ve had a driver. Try to start their vehicle when I’m conducting an inspection, because they didn’t understand.

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The questions that I were asking. So those are things that I, you know, on the industry side that I think you all should be very wary of and cognizant of.

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Everybody attending this call has probably gone through a roadside inspection, so with those experiences that you’ve had on roadside inspections.

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Be thinking about what are your drivers required to produce. All their documentation.

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They’re going to be asked questions, maybe…. Where’s your ELD? And if your driver doesn’t have an ELD.

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I can guarantee you the inspectors are going to ask, well, how do you track your hours of service?

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Your drivers need to be able to explain that. Um.

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You know, if you have a driver that’s running a timecard, or you’re tracking your time through maybe some type of mobile device, and you’re not on an ELD.

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Drivers are going to need to be able to show the inspectors that. I think there’s going to be… there’s going to be growing pains both on the fleet side.

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And on the industry side. So, what is going to happen, um….

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With this memo that came out from FMCSA. Inspectors are going to initiate inspections in English.

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If they determine, through…. Processes outlined by FMCSA.

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That the driver does not meet the English language proficiency standards that are going to be specified by Federal Motor Carriers.

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They’re not going to allow the driver to drive. So, there are going to be a two-part assessment, and.

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And I remember this from when I was doing inspections back in the mid-2000s.

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So I anticipate Federal Motor Carriers are going to send out a list of questions for officers to ask drivers. Drivers are going to have to demonstrate some level of proficiency with those questions in English.

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If they do demonstrate a level of proficiency, I think what’s going to happen, at least on my previous experience.

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The inspector’s going to go to step number 2, and step number two is going to be a….

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A… probably printed-out piece of paper with… with identified highway road signs.

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Um, uniform traffic control signs, speed limits. Uh, wrong way, maybe like a do not enter, no U-turn, those types of things.

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And they’re going to ask drivers; they’re going to select. Some of those signs for the drivers and ask them, what is this?

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And what does this mean to you? If that driver fails.

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To identify or explain those signs. They’re going to be put out of service.

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I will get into what the out-of-service means for everybody on the call here in just a minute, because I think that’s going to be….

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The biggest apprehension for everybody on the call. Uh, this is just a snapshot of what came out in the memo. This is an actual screenshot of the memo that’s available on Federal Motor Carrier Safety Administration’s website.

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And you can see that information has been redacted, okay? So, this is what you’re going to see when you go to pull down the official FMCSA memo.

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Again, to reiterate. This is right out of 39111.

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Drivers are qualified if they can read and speak the English language proficiently to converse with the general public.

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To understand highway traffic signs and signals in the English language.

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To respond to official inquiries, and to make entries on reports and records.

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So, nowhere in there. Is that they say that they must be fluent.

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They basically must be able to communicate with a roadside inspector efficiently.

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To answer questions at the roadside inspector is going to have, and they also need to be able to read highway traffic signs.

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So that they’re not causing crashes, because they don’t understand what the signs say.

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All right.

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Um… any… any input? Steve, Mark, are on where we’re at right now is….

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As we look at the regulatory guidance again.

00:21:25.000 –> 00:21:31.000
Well, yeah, let me pose a few of these questions. I think now might be a good time to take them, uh.

00:21:31.000 –> 00:21:33.000
Okay.

00:21:33.000 –> 00:21:38.000
Mark has asked if they find a driver that can’t pass the proficiency test.

00:21:38.000 –> 00:21:45.000
In addition to the out of service, does the driver have his license downgraded?

00:21:45.000 –> 00:21:46.000
In FMCSA.

00:21:46.000 –> 00:21:53.000
Boy, that’s an outstanding question, and I… the answer to that is, I don’t know.

00:21:53.000 –> 00:21:57.000
What I do know is it’s going to show up as a violation.

00:21:57.000 –> 00:22:05.000
On a roadside inspection. Under Driver Fitness, which will affect your safety management scores.

00:22:05.000 –> 00:22:15.000
Um, how that… how that’s going to affect your scores. I don’t know. I don’t know if the weighting factors are going to be changed, if it’s going to be more severe now.

00:22:15.000 –> 00:22:24.000
Your driver may or may not receive a citation. A punitive citation from the inspector.

00:22:24.000 –> 00:22:32.000
Your driver will be placed out of service. And will not be allowed to continue until the violation has been remedied.

00:22:32.000 –> 00:22:45.000
As it relates to CDLs being downgraded. I think that’s going to have to be determined by each state individually. So, at this point, I don’t know what that’s going to look like. That’s a great question.

00:22:45.000 –> 00:22:52.000
Here’s another pretty good one, um…. Do they need a reason to perform the English language test?

00:22:52.000 –> 00:22:58.000
As in, can they only perform this test after pulling them over for an infraction?

00:22:58.000 –> 00:23:07.000
Or at a port of entry, etc. Or can they pull someone over to perform the English proficiency test only?

00:23:07.000 –> 00:23:11.000
Well, I don’t want to speak on behalf of states, but….

00:23:11.000 –> 00:23:21.000
The way that this should be enacted is through regular enforcement of traffic laws, or through enforcement of commercial vehicle inspections. So, if they’re.

00:23:21.000 –> 00:23:31.000
If officers are out there stopping drivers just to…. Evaluate English language proficiency, um, I would….

00:23:31.000 –> 00:23:38.000
I would encourage you to contact that agency if that happens and ask those questions for that agency.

00:23:38.000 –> 00:23:45.000
Yeah, I agree. I can’t see that they would be stopping people for the normal reasons they would pull someone over.

00:23:45.000 –> 00:23:49.000
And then, at that point in time, they’ll know whether they need to….

00:23:49.000 –> 00:23:52.000
Establish English proficiency, at least that’s how I see it.

00:23:52.000 –> 00:23:58.000
Yeah, exactly. It’s going to come from a traffic violation through… or through a routine commercial vehicle inspection.

00:23:58.000 –> 00:24:05.000
All right. Another question, are we going to be able to DataQ the violation, and if so, how would that look?

00:24:05.000 –> 00:24:10.000
Oh, absolutely. Um…. You always….

00:24:10.000 –> 00:24:16.000
Have the opportunity to data cue a violation. And what I encourage you to do is….

00:24:16.000 –> 00:24:22.000
File a DataQ on violations that…. That you really feel have been issued.

00:24:22.000 –> 00:24:31.000
Um, and they’re invalid. Don’t file data cues just to filing DataQs, because all that does is it bogs down the system.

00:24:31.000 –> 00:24:35.000
And it takes you a longer time to get a response.

00:24:35.000 –> 00:24:40.000
On your actual inquiry, so if any violation that you have on a roadside inspection.

00:24:40.000 –> 00:24:49.000
If you feel like it was issued an error, and you can prove that it was issued an error, absolutely file a DataQ.

00:24:49.000 –> 00:25:01.000
How do you… so how on the industry side. With this… with this specific topic, I don’t want to get into all of the regulations, but as it relates to English language proficiency, how do we on the industry side.

00:25:01.000 –> 00:25:06.000
Prove on a DataQ. Those drivers were qualified.

00:25:06.000 –> 00:25:12.000
That they met the English language proficiency standard. It all comes through your hiring practices.

00:25:12.000 –> 00:25:23.000
Um, it all comes through your documentation at your fleet. When you’re hiring drivers, I suggest you’re asking a series of questions to determine their language proficiency.

00:25:23.000 –> 00:25:29.000
Uh, maybe establish a test, or if you don’t have a test, reach out to third-party vendors that maybe have developed a test.

00:25:29.000 –> 00:25:38.000
To determine English language proficiency. And now, with your current drivers, I certainly would be assessing your drivers.

00:25:38.000 –> 00:25:45.000
For how proficient they are. In the English language, and I know for some of you with fleets.

00:25:45.000 –> 00:25:50.000
50 to thousands of vehicles, that… that can be a… it’s going to be pragmatic.

00:25:50.000 –> 00:26:00.000
But that’s how… that’s how you can combat this as it comes to a DataQ. You must be able to show, look, I evaluated my driver for proficiency based on this criteria, and I would make it.

00:26:00.000 –> 00:26:05.000
On your side, on the fleet side, it would make this very stringent.

00:26:05.000 –> 00:26:09.000
And I would have a documentation, this is how I evaluated my drivers, this is how I proved.

00:26:09.000 –> 00:26:16.000
That they are… they are proficient in the English language. That is the information that you can send in to file your DataQ.

00:26:16.000 –> 00:26:19.000
Again, another good question.

00:26:19.000 –> 00:26:23.000
Uh, here’s a… here’s a good one. I knew this one was coming.

00:26:23.000 –> 00:26:28.000
What about a driver who came from Mexico for Mexican carriers?

00:26:28.000 –> 00:26:35.000
That operate double plate. On truck, 90% of those drivers don’t speak a word of English.

00:26:35.000 –> 00:26:41.000
Does this apply to them also? I think we’re talking about B1 drivers and such.

00:26:41.000 –> 00:26:49.000
Right? Boy. I’m going to say at this point that, yes, it is going to apply to those drivers.

00:26:49.000 –> 00:26:59.000
However, for those of you that have that specific question. Um, I’m guessing these are carriers along the U.S.-Mexico border.

00:26:59.000 –> 00:27:02.000
I would reach out to the state that you live in.

00:27:02.000 –> 00:27:07.000
And ask that very specific question in writing to your state partners.

00:27:07.000 –> 00:27:15.000
Um, that are enforcing commercial vehicle rules and regulations and get an answer directly from them. I don’t want to give an answer in an error.

00:27:15.000 –> 00:27:21.000
And somebody ends up with an issue on a roadside inspection, so for now.

00:27:21.000 –> 00:27:24.000
I’m going to say that this rule is going to apply for anybody.

00:27:24.000 –> 00:27:30.000
Operating a commercial vehicle in interstate commerce. Now, with that being said.

00:27:30.000 –> 00:27:36.000
We must be cognizant that we have. We have two borders that are affected.

00:27:36.000 –> 00:27:44.000
By, um, states and provinces that have non-English speaking drivers. We can’t forget Canada and our drivers that are coming out of Canada.

00:27:44.000 –> 00:27:52.000
We’re French may be their primary language. So…. The bottom line is if you’re using a driver from.

00:27:52.000 –> 00:28:00.000
From anywhere that cannot demonstrate proficiency in the English language. You really need to work with them.

00:28:00.000 –> 00:28:10.000
Where they start… they start to develop that proficiency. Okay, um, the one thing for my border folks down on the U.S.-Mexico border, I did look inside.

00:28:10.000 –> 00:28:16.000
The memo that came out, um, let’s see, it was May 20th of 2026.

00:28:16.000 –> 00:28:20.000
That’s the memo on the FMCSA website. There is a provision there.

00:28:20.000 –> 00:28:27.000
Um, for violations that are along the U.S.-Mexico border, and I’m paraphrasing, this isn’t verbatim.

00:28:27.000 –> 00:28:36.000
But for violations along the U.S.-Mexico border. Inspectors are being instructed to cite the violation for 3911.

00:28:36.000 –> 00:28:48.000
But not place the driver out of service. So, that’s in the FMCSA memo. Again, everybody on the call, you need to look at that memo, so you know what you’re up against.

00:28:48.000 –> 00:28:57.000
Yeah, I think it even says something like border…. Territory, so I think that would also include the Canadian border, too. I don’t think they specified.

00:28:57.000 –> 00:28:58.000
Mexico. So, uh…. Yeah. Okay, uh….

00:28:58.000 –> 00:29:03.000
Yeah, exactly.

00:29:03.000 –> 00:29:07.000
There’s all kinds of questions here. I’ll let you go through a few more of your slides, and then we’ll take some more questions.

00:29:07.000 –> 00:29:13.000
Okay. So… so for your roadside enforcement, backing up to our question.

00:29:13.000 –> 00:29:17.000
This is going to be generated through a traffic stop. For a violation of a traffic law.

00:29:17.000 –> 00:29:29.000
For a traffic stop for a commercial vehicle inspection. Or at a roadside inspection facility, either a fixed facility or a mobile inspection facility. That’s when an officer is going to initiate.

00:29:29.000 –> 00:29:36.000
English language proficiency with your drivers. Here’s what the officers must do.

00:29:36.000 –> 00:29:41.000
Now, officers are not going to be allowed to use a translation device.

00:29:41.000 –> 00:29:46.000
I would… would not be allowed to conduct an interview with a Spanish-speaking driver.

00:29:46.000 –> 00:29:51.000
In Spanish. It all must be done in English, and that’s what your drivers are going to start seeing.

00:29:51.000 –> 00:29:57.000
Um, please…. Reiterate this with your drivers, I think there’s going to be frustration on both sides.

00:29:57.000 –> 00:30:07.000
With the drivers and the fleets. As everybody tries to work through this new mandate, and how this is going to be enforced.

00:30:07.000 –> 00:30:18.000
The inspectors are not going to use translation devices. Um, they will determine your driver’s proficiency as specified by Federal Motor Carrier Safety Administration, and.

00:30:18.000 –> 00:30:24.000
If the inspector determines. That your drivers are not proficient in English language.

00:30:24.000 –> 00:30:27.000
They will place them out of service. So let me talk about….

00:30:27.000 –> 00:30:34.000
The out-of-service order and what that means. Out of service is a….

00:30:34.000 –> 00:30:39.000
Set of guidelines that are specified by the Commercial Vehicle Safety Alliance.

00:30:39.000 –> 00:30:47.000
And then there are the body that enacts the out-of-service criteria for drivers operating in the United States.

00:30:47.000 –> 00:30:53.000
If a driver is deemed in violation of a safety regulation.

00:30:53.000 –> 00:31:02.000
The officer will refer to the out-of-service criteria. To see if that violation is something the driver needs to be placed out of service for.

00:31:02.000 –> 00:31:08.000
As we were talking about this topic specifically, English language proficiency.

00:31:08.000 –> 00:31:17.000
When an officer determines a driver. Based on guidelines sent by the Federal Motor Carrier Safety Administration.

00:31:17.000 –> 00:31:22.000
Is in violation. Of 3911B2.

00:31:22.000 –> 00:31:27.000
And is not proficient in the English language, they will place your drivers out of service.

00:31:27.000 –> 00:31:34.000
On the roadside, wherever the inspection is at. What does that mean for you?

00:31:34.000 –> 00:31:42.000
Basically what it means, the way to resolve that issue is you’re going to have to send somebody else out there to get that driver.

00:31:42.000 –> 00:31:47.000
And the driver’s going to have to spend some time. Learning English enough?

00:31:47.000 –> 00:31:52.000
To show that they are proficient. To be qualified under 39111.

00:31:52.000 –> 00:31:58.000
Okay, that’s… that’s what that means. So…. You may have a driver that stopped for an inspection.

00:31:58.000 –> 00:32:05.000
If they’re not proficient in the English language, as it’s being specified, they’re out of service at the roadside inspection.

00:32:05.000 –> 00:32:12.000
Until somebody gets out there to get them. So…. That could be problematic if you’re in a place like….

00:32:12.000 –> 00:32:18.000
Maybe Wendover, Utah, which is 2 hours from Salt Lake City. How are you going to get another driver there? Okay, so.

00:32:18.000 –> 00:32:22.000
Be thinking about that. This is a big deal if your drivers get put out of service.

00:32:22.000 –> 00:32:27.000
Not only is it impacting your operations and the movement of.

00:32:27.000 –> 00:32:35.000
Freight. Um, but it’s also going to impact somebody else that’s going to have to go out there and get the driver and get the vehicle.

00:32:35.000 –> 00:32:36.000
Will the replacement driver be, uh…. Be tested?

00:32:36.000 –> 00:32:40.000
Um.

00:32:40.000 –> 00:32:43.000
Boy, that’s a great question. That…. That is going to all be relative to the resources that the state has, or….

00:32:43.000 –> 00:32:49.000
Hmm.

00:32:49.000 –> 00:32:59.000
Um, local government entity must sit there and wait for another driver to show up. I would suspect that given its short resources in the enforcement world.

00:32:59.000 –> 00:33:04.000
They’re not going to sit there and wait for the other driver to show up. What will they do, though.

00:33:04.000 –> 00:33:16.000
Is… they’re going to be mindful if a driver’s placed out of service, what’s reasonable for another driver to get there, and they will be watching to see if your drivers violate an out-of-service order, and that’s a whole other set of problems.

00:33:16.000 –> 00:33:17.000
Yeah. Yeah. No.

00:33:17.000 –> 00:33:18.000
Nobody on the call wants to have. Okay?

00:33:18.000 –> 00:33:23.000
Major problems, yeah. Wow.

00:33:23.000 –> 00:33:27.000
So, a couple things that you can do, and I pulled this off of FMCSA’s website.

00:33:27.000 –> 00:33:37.000
Um, there’s actually a link right there, I’ll leave it, uh, for everybody to look at, take a snapshot of that, but it’s good, it’s information that Federal Motor Carriers is sending out, saying, hey.

00:33:37.000 –> 00:33:40.000
Everybody on the fleet side, here’s some things that you can be doing.

00:33:40.000 –> 00:33:47.000
Okay, as everybody’s looking to…. Move through the… this new change with the out-of-service criteria. So, I’ll give everybody about….

00:33:47.000 –> 00:33:51.000
I don’t know, another 15 seconds or so to jot that down.

00:33:51.000 –> 00:33:55.000
Um, and you guys can reference that.

00:33:55.000 –> 00:34:00.000
And by the way, we’ll send out a replay of this that will also.

00:34:00.000 –> 00:34:05.000
Have the slide, so you’ll have access to that link right there.

00:34:05.000 –> 00:34:06.000
Great. Yeah, let’s do it, because here we are, this is what you guys should expect, so let’s….

00:34:06.000 –> 00:34:14.000
So, uh, you want to take a few questions here. It’s what we came for.

00:34:14.000 –> 00:34:15.000
I’ll do my best.

00:34:15.000 –> 00:34:21.000
So, uh…. Uh, here’s a… here’s a good, uh, good question. It says.

00:34:21.000 –> 00:34:30.000
Is the English violation going to be entered into our SMS as a driver fitness violation, or an unsafe driving violation?

00:34:30.000 –> 00:34:37.000
Um, I suspect as it… because it relates to 391 and qualifications of drivers, I suspect it’s going to go in.

00:34:37.000 –> 00:34:47.000
Under your driver fitness SMS score. Again. That’s… that’s Todd James’ assessment of this, but I feel like that that’s where it’s going to go.

00:34:47.000 –> 00:34:56.000
Yeah, that makes sense to me. Uh, here’s a question. It’s, uh, kind of a loaded question, but it says, if they are here illegally.

00:34:56.000 –> 00:35:06.000
Why aren’t we involving ICE? Are we aiding people that do not follow our laws?

00:35:06.000 –> 00:35:07.000
Yeah. All right. Oh, thank you.

00:35:07.000 –> 00:35:08.000
Um, yeah, I can’t speak to that.

00:35:08.000 –> 00:35:13.000
I got a good question from my friend Gonzalo, who asked.

00:35:13.000 –> 00:35:18.000
A box truck under 26,000 pounds. Are they subject to the, uh….

00:35:18.000 –> 00:35:21.000
English proficiency mandate.

00:35:21.000 –> 00:35:32.000
If they are operating an interstate commerce, yes, they will be. If they’re operating in intrastate commerce, which means you’re staying solely within the confines of the state you’re operating in.

00:35:32.000 –> 00:35:41.000
And you’re not transporting any type of interstate freight. It will completely be up to the state that you’re operating in. So, some states have different.

00:35:41.000 –> 00:35:50.000
Laws that define what a commercial vehicle is. So, everybody operating those types of vehicles under 26,000 pounds.

00:35:50.000 –> 00:36:02.000
Reach out to your state that you specifically live in. And ask the Highway Patrol, State Police, or DOT that very specific question.

00:36:02.000 –> 00:36:05.000
Uh, here’s a good one. It says, “What if you have a team.

00:36:05.000 –> 00:36:11.000
With one bilingual driver, English and Spanish, and the other mainly speaks.

00:36:11.000 –> 00:36:16.000
Spanish. Seems to me like it wouldn’t matter who’s behind the wheel at the time.

00:36:16.000 –> 00:36:18.000
It’s going to be whoever’s driving.

00:36:18.000 –> 00:36:25.000
Yeah. So, if the driver only speaks Spanish, then there’s going to be an issue there, probably.

00:36:25.000 –> 00:36:33.000
Correct. They’re going to… they’re going to assess that driver for proficiency. Again, following the steps outlined by Federal Motor Carriers.

00:36:33.000 –> 00:36:41.000
If the driver’s in violation. Write the violation on the inspection and place the driver out of service. Now, that doesn’t prohibit.

00:36:41.000 –> 00:36:49.000
The bilingual driver for getting behind the wheel and continuing the trip, so long as there’s not a violation of hours of service.

00:36:49.000 –> 00:36:53.000
Very good. Uh, let’s see….

00:36:53.000 –> 00:36:59.000
Now, Steve, a lot of these questions on the proficiency test, uh, INFINITI does have.

00:36:59.000 –> 00:37:06.000
Content ready to go out to help. Document and test your drivers, correct? And you’ll get an opportunity to.

00:37:06.000 –> 00:37:08.000
Sign up for that demo at the end.

00:37:08.000 –> 00:37:14.000
Yeah, what it is, is we’ve created… it’s a… there are two parts to it.

00:37:14.000 –> 00:37:18.000
One is a test that you can send out. You can assign out to the….

00:37:18.000 –> 00:37:27.000
Your driving fleet, or to a prospective driver. And they’re just posed a series of signs and asked to indicate which, uh.

00:37:27.000 –> 00:37:34.000
What that sign means. Uh, the other one is sort of a digital checklist that will give.

00:37:34.000 –> 00:37:43.000
In an in-person interview with a driver, a series of. Logical questions they might be asked on the roadside.

00:37:43.000 –> 00:37:51.000
Uh, and that gives you an opportunity to. Test enough questions, find out if they’ve got enough proficiency. Again.

00:37:51.000 –> 00:37:57.000
We don’t know exactly what…. What you should consider to be a pass.

00:37:57.000 –> 00:38:03.000
Uh, but I think you have to have some level of comfort that this driver on a roadside inspection will.

00:38:03.000 –> 00:38:11.000
Be able to have a conversation with the driver. So, and I’ll pop that, uh, up. So, and that’s ready today.

00:38:11.000 –> 00:38:18.000
If you’re a current INFINITI customer. Uh, that’s already, I believe, been loaded into your system for your access.

00:38:18.000 –> 00:38:25.000
If you’re not, uh, we’re happy to get with you and, uh, give you access to these, uh, materials to.

00:38:25.000 –> 00:38:27.000
To help you through some of this. Uh, let’s….

00:38:27.000 –> 00:38:32.000
And that would certainly come in helpful on a data cube.

00:38:32.000 –> 00:38:33.000
Absolutely. And you know, we talk a lot about the….

00:38:33.000 –> 00:38:37.000
That’s correct.

00:38:37.000 –> 00:38:43.000
Enforcement officials, and the effect that this has on a safety score, I….

00:38:43.000 –> 00:38:51.000
I just must remind everybody. Listening to this webinar, you also must be cognizant of civil litigation.

00:38:51.000 –> 00:39:01.000
Again, there are… have been studies done. Um, by Atri that discuss the impacts of noncompliance with the rules and regulations.

00:39:01.000 –> 00:39:09.000
I would suggest, as it relates to English language proficiency. Come up with your set of questions.

00:39:09.000 –> 00:39:19.000
That, based on your experiences with roadside inspections, questions that officers ask, because they’re pretty much all stand the standard in question questions.

00:39:19.000 –> 00:39:26.000
And develop, like, a scoring matrix. I know that might seem kind of crazy, but if you had a scoring matrix in place.

00:39:26.000 –> 00:39:31.000
Maybe a driver scores a 4 out of 5, or a 0 out of 5.

00:39:31.000 –> 00:39:40.000
It just gives you something to show that, yes, this is how… these are the steps that we’re using to evaluate our drivers.

00:39:40.000 –> 00:39:48.000
Yeah, years ago, and maybe you can answer this one. Uh, people are asking how subjective is the test?

00:39:48.000 –> 00:39:55.000
You know, every officer has a different level of subjectivity, whether a person is proficient or not.

00:39:55.000 –> 00:40:05.000
And I guess there’s been some guidelines from FMCSA. About that, and a lot of people are asking, is that document ever going to be unredacted so we can….

00:40:05.000 –> 00:40:09.000
See, uh, what the officers are going to…. Do and use.

00:40:09.000 –> 00:40:17.000
You know, I don’t know if it’s going to ever be unredacted. Back to the subjectivity, I mean, it….

00:40:17.000 –> 00:40:28.000
You know, I think with everything that goes on in enforcement, and not even enforcement, but outside of enforcement, there’s a lot of subjectivity to rules and regulations.

00:40:28.000 –> 00:40:40.000
I think what officers are going to do is they’re going to follow the guidelines that are specified by Federal Motor Carriers, by their agency, each agency may have a set of criteria.

00:40:40.000 –> 00:40:44.000
To be as fair and impartial to the drivers as they possibly can.

00:40:44.000 –> 00:40:49.000
Um, you know, coming from enforcement, we understand that y’all are running a business.

00:40:49.000 –> 00:40:56.000
I want to be as impartial as I can, but I also have a job to do to make sure that this driver can safely.

00:40:56.000 –> 00:41:02.000
And effectively operate the vehicle and understand English enough to do so. So yeah, there will be….

00:41:02.000 –> 00:41:07.000
Some subjectivity, and I think there’s going to be some growing pains with this, both on the industry side.

00:41:07.000 –> 00:41:11.000
Um, and on enforcement.

00:41:11.000 –> 00:41:17.000
Yeah, there’s quite a few questions about. You know, what are the steps to get back from out of service.

00:41:17.000 –> 00:41:29.000
Uh, to be put back in, service somebody. Said there… I haven’t published any steps, and there are no requirements, uh, been published, so the driver can go on their next trip.

00:41:29.000 –> 00:41:31.000
Not if they’ve been put out of service. Yeah.

00:41:31.000 –> 00:41:40.000
No, they cannot. Do not do that. First and foremost, you must apply the Federal Motor Carrier Safety Regulation.

00:41:40.000 –> 00:41:50.000
Part 3911B2. And if that driver, under that regulation, does not meet those standards in federal safety regulation.

00:41:50.000 –> 00:41:56.000
They are not a qualified driver under 39111B2. If that driver… what you don’t want to do.

00:41:56.000 –> 00:41:59.000
And….

00:41:59.000 –> 00:42:08.000
Is send that driver out on a trip 3 days later, and they’re still not proficient in the English language. That is dangerous for you as a company.

00:42:08.000 –> 00:42:13.000
And it’s dangerous for the motoring public. And it’s just going to cause a lot of grief.

00:42:13.000 –> 00:42:17.000
Um, for you as a company on… as it relates to enforcement?

00:42:17.000 –> 00:42:25.000
And our friends in the plaintiff’s attorney’s world will be able to buy another jet airplane at your expense.

00:42:25.000 –> 00:42:29.000
That is it. You must. I cannot…. Stress this enough.

00:42:29.000 –> 00:42:36.000
Your drivers must meet all the provisions in Part 391, Qualifications of drivers.

00:42:36.000 –> 00:42:41.000
This specific regulation. Is in….

00:42:41.000 –> 00:42:50.000
Part 391, they… you must be compliant in that. You cannot allow a driver that’s been placed out of service to violate an out-of-service order.

00:42:50.000 –> 00:42:59.000
Until the driver resolves the issue of being not proficient in English language. That’s what it’s going to boil down to.

00:42:59.000 –> 00:43:04.000
How do you assess that? That’s… that’s going to be up to you guys as fleets, but what I’m telling you is.

00:43:04.000 –> 00:43:12.000
Do not violate Part 391. And do not violate out-of-service orders. To Mark’s point.

00:43:12.000 –> 00:43:20.000
The plaintiff’s attorneys are going to laser in on that. That is dangerous for you, and it’s dangerous for the motoring public.

00:43:20.000 –> 00:43:26.000
To be using drivers that… that…. Can’t sufficiently communicate in English.

00:43:26.000 –> 00:43:30.000
That’s… that’s the bottom line.

00:43:30.000 –> 00:43:36.000
Trying to read a few other questions here. Um, do you have any other slides that you wanted to go through?

00:43:36.000 –> 00:43:38.000
Mm-mm, this is it.

00:43:38.000 –> 00:43:39.000
Okay. Yeah, I think….

00:43:39.000 –> 00:43:42.000
It’s a bunch.

00:43:42.000 –> 00:43:49.000
And maybe, you know, I don’t know if it… because we’ve only got an hour limited to this, I don’t know, you know, can we….

00:43:49.000 –> 00:43:55.000
Can we write down the questions and maybe provide answers to the people that are asking them?

00:43:55.000 –> 00:43:56.000
Because I’m sure there’s…. Perfect.

00:43:56.000 –> 00:44:06.000
Yeah, all these chat… all the chat questions are recorded. Uh, so we’ll sort through those and try to respond back, and we have the names of the people that posed them.

00:44:06.000 –> 00:44:07.000
Uh, so we’ll try to respond back to those. We’ll sort of….

00:44:07.000 –> 00:44:11.000
Okay.

00:44:11.000 –> 00:44:18.000
Put together those that are the same question. And, uh, try to answer as many of these as we can. A lot of questions.

00:44:18.000 –> 00:44:22.000
Are how do we get back from being put out of service?

00:44:22.000 –> 00:44:26.000
You know, is there a time frame? I think they’re going to have to….

00:44:26.000 –> 00:44:31.000
Show their proficiency. Who documents that?

00:44:31.000 –> 00:44:36.000
I’m not sure. Todd, maybe you know, but I think that’s a big question here.

00:44:36.000 –> 00:44:40.000
Is how do they get out from under being put out of service?

00:44:40.000 –> 00:44:41.000
And who’s responsible for doing that.

00:44:41.000 –> 00:44:46.000
Um, I was hoping that I had….

00:44:46.000 –> 00:44:51.000
I was hoping I had some information from Commercial Vehicle Safety Alliance.

00:44:51.000 –> 00:44:59.000
On what that verbiage is. I’ve seen it, but it’s not on this document that I’m looking at. And basically, I’m….

00:44:59.000 –> 00:45:03.000
I’m paraphrasing, so y’all need to do your research with Commercial Vehicle Safety Alliance.

00:45:03.000 –> 00:45:08.000
But if you have a driver put out a service for English language proficiency.

00:45:08.000 –> 00:45:12.000
They’re going to be out of service until…. They come into compliance.

00:45:12.000 –> 00:45:19.000
With being proficient in English. So, what does that mean? It means if you have a driver that… that….

00:45:19.000 –> 00:45:28.000
That doesn’t meet the standard, they may be out of service until they’ve learned enough language to where they meet that standard, which could be.

00:45:28.000 –> 00:45:34.000
An unspecified amount of time. Um, there is no timeframe.

00:45:34.000 –> 00:45:42.000
Specified by CVSA. As for how long the driver’s out of service. It’s not like a violation of.

00:45:42.000 –> 00:45:46.000
The 60- or 70 hour rule or breaks out of service.

00:45:46.000 –> 00:45:53.000
It’s until they’re no longer… until they’re no longer violating that standard is… is….

00:45:53.000 –> 00:46:14.000
What I’m paraphrasing.

00:46:14.000 –> 00:46:16.000
Uh-oh, Steve, I’ve lost ya. Okay, there we go.

00:46:16.000 –> 00:46:18.000
Hello?

00:46:18.000 –> 00:46:30.000
There. Uh, I’m sorry, I think…. With a little passage of time here, and I realize this is going to cause problems for some people, but we’ll begin to understand, I believe.

00:46:30.000 –> 00:46:35.000
What the process is going to be to get a driver back in service.

00:46:35.000 –> 00:46:43.000
Uh, what, uh, how that’s going to be determined. Uh, there’s going to be a lot of pain with this, I think, for a period of time.

00:46:43.000 –> 00:46:48.000
Yeah, I mean, I must agree on the fleet side and on the enforcement side.

00:46:48.000 –> 00:46:54.000
Um, and again, if you have questions that are specific to your state.

00:46:54.000 –> 00:47:00.000
And the types of vehicles that you’re operating. You know, get the knowledge.

00:47:00.000 –> 00:47:05.000
From your state police, your state DOT, your state highway patrol.

00:47:05.000 –> 00:47:09.000
Ask them these questions, like, does this apply to my vehicle?

00:47:09.000 –> 00:47:14.000
Because again, every state has got a little bit different standard for intrastate commerce.

00:47:14.000 –> 00:47:18.000
Of how they define a commercial vehicle, and I’ll give you… I’ll give you an example.

00:47:18.000 –> 00:47:25.000
Um, some states, a commercial vehicle is… is…. It is defined as over 26,000 pounds.

00:47:25.000 –> 00:47:36.000
Some states, a commercial vehicle is defined as over 10,000 pounds. In some states, it could be like in Colorado, over 16,000 pounds. So, these rules.

00:47:36.000 –> 00:47:42.000
We’ll apply differently for intra-state operations. If you’re crossing state lines.

00:47:42.000 –> 00:47:50.000
The rule will be enforced uniformly for interstate. Operations.

00:47:50.000 –> 00:47:54.000
So, yeah, there’s going to be a lot of growing pains.

00:47:54.000 –> 00:48:00.000
You know, there’s a comment here, um. You know, about back-end service, um….

00:48:00.000 –> 00:48:07.000
Uh, comment is, the company will. Will sign the inspection saying the violation was corrected.

00:48:07.000 –> 00:48:12.000
And put them back in service. The driver should have learned the English language.

00:48:12.000 –> 00:48:16.000
I don’t know if that’s…. How it works, but uh….

00:48:16.000 –> 00:48:22.000
Uh, you know, it’s a little bit different than other out-of-service violations that we’ve dealt with in the past, that’s for sure.

00:48:22.000 –> 00:48:25.000
Mm-hmm. Yep.

00:48:25.000 –> 00:48:32.000
Uh, here’s a question about a Canadian driver. So, for a Canadian driver, if he is not compliant and placed out of service.

00:48:32.000 –> 00:48:38.000
They can no longer operate in the United States until he can prove proficiency, is this correct?

00:48:38.000 –> 00:48:41.000
I would say so, yes. Because Canada and Mexico, they all comply by….

00:48:41.000 –> 00:48:45.000
Okay? Lots of questions.

00:48:45.000 –> 00:48:54.000
Canada, the US, and Mexico all, um…. Comply with the Commercial Vehicle Safety Alliance standards as it relates to out-of-service.

00:48:54.000 –> 00:48:55.000
Criteria.

00:48:55.000 –> 00:49:00.000
Yeah. Yeah, I, uh…. I… you know, there’s a quote here that, uh….

00:49:00.000 –> 00:49:09.000
You know, they’ll be able to go back in service, uh, once they learn enough English to be able to respond, and however long that takes.

00:49:09.000 –> 00:49:14.000
Uh, is what it’s going to take, so…. Uh, this is….

00:49:14.000 –> 00:49:24.000
A lot of people are commenting, this is insane. Do we have to put a document in our file?

00:49:24.000 –> 00:49:33.000
I don’t think you have to, but, like, due diligence to prove that you’ve evaluated your drivers and that you’re compliant with that part of the regulation, I would say absolutely, yes, do that.

00:49:33.000 –> 00:49:38.000
Yeah. So, I think, uh, you know.

00:49:38.000 –> 00:49:45.000
Recommendations here as we kind of come toward the end, and they’re literally, folks, there are hundreds of questions here.

00:49:45.000 –> 00:49:51.000
Uh, so we could spend the next 4 hours trying to go through all of them, but a lot of them are the same.

00:49:51.000 –> 00:50:00.000
But I think an important thing here. Uh, for companies to do right now, the number one is you hire new drivers.

00:50:00.000 –> 00:50:10.000
Your onboarding process should include English language proficiency. Uh, testing and evaluation.

00:50:10.000 –> 00:50:16.000
Uh, and I think a lot of companies may want to evaluate current drivers in their fleet, for sure.

00:50:16.000 –> 00:50:21.000
Uh, to kind of see where they are, so they can address those issues and….

00:50:21.000 –> 00:50:28.000
Uh, before drivers get put out of service. Uh, I think it’s going to be important to, uh.

00:50:28.000 –> 00:50:32.000
You know, uh…. Continue to….

00:50:32.000 –> 00:50:38.000
Be on top of this, you know, you and I talked earlier, Todd, there are a lot of languages.

00:50:38.000 –> 00:50:40.000
Of drivers in this country. Dozens, if not hundreds.

00:50:40.000 –> 00:50:43.000
Yep.

00:50:43.000 –> 00:50:47.000
And it’s going to be important for all those companies, no matter what.

00:50:47.000 –> 00:50:56.000
Language your driver’s native language is. Uh, you’re going to have to pay attention to this and make sure that they can….

00:50:56.000 –> 00:51:01.000
Do what the law requires. So, I think there’s going to be some changes, and….

00:51:01.000 –> 00:51:05.000
You know, even though this is a law that’s been in the books forever.

00:51:05.000 –> 00:51:09.000
Uh, the enforcement. It is back in place.

00:51:09.000 –> 00:51:15.000
And, uh. You know, we’re going to provide… in fact, I’m just going to go ahead and put this.

00:51:15.000 –> 00:51:24.000
This poll questions up here, and by the way. One other part of this, folks, is if you are a certified director of safety.

00:51:24.000 –> 00:51:34.000
Under the NAPME program. Let us know, and we’ll send you a certificate so you can claim your NATME points.

00:51:34.000 –> 00:51:38.000
But, uh, we’ve got some things that we hope can help you folks.

00:51:38.000 –> 00:51:47.000
Um, any other final comments? I can read questions for the next 2 hours.

00:51:47.000 –> 00:51:48.000
So, uh….

00:51:48.000 –> 00:51:55.000
Well, the bottom line is there’s going to be a lot of discretion by the enforcement officer. Uh, what I would like.

00:51:55.000 –> 00:52:01.000
Put out to the… to the audience here is you have a responsibility now.

00:52:01.000 –> 00:52:06.000
To reach out to your drivers and do some proficiency testing of your own.

00:52:06.000 –> 00:52:15.000
Um, to help the discretion at the side of the road. You can control that side, you can control your side.

00:52:15.000 –> 00:52:25.000
At least, uh, by providing some proficiency, training, information exchange. You can’t control what’s going to happen on the side of the road, so….

00:52:25.000 –> 00:52:26.000
This is a big deal. This is a big deal.

00:52:26.000 –> 00:52:28.000
That’s right. Yeah, a lot of this… a lot of this is, in fact, coming back down to the fleets.

00:52:28.000 –> 00:52:34.000
And it….

00:52:34.000 –> 00:52:43.000
Here’s an interesting comment, um…. It says, if a driver self-certifies as a non-exempt interstate driver.

00:52:43.000 –> 00:52:53.000
Shouldn’t the state driver’s license agencies have the main responsibility. For making sure that 391.11B2 provisions are met.

00:52:53.000 –> 00:52:59.000
I realize that self-certification is typically tied to. Uh, MEC, but….

00:52:59.000 –> 00:53:04.000
Uh, to me, that gives the state driver license agencies a clue.

00:53:04.000 –> 00:53:08.000
I think that’s, uh…. That’s an interesting comment.

00:53:08.000 –> 00:53:15.000
Yeah, I mean, it’s a… it’s a great comment, and it’s, you know, I think with that specific.

00:53:15.000 –> 00:53:21.000
Common or question, that’s… that’s to be determined, like, what state licensing agencies are going to do with this.

00:53:21.000 –> 00:53:26.000
Yep. Uh, here’s a good one, and I think maybe you touched on it briefly.

00:53:26.000 –> 00:53:34.000
Are their legal guidelines for checking proficiency when hiring to avoid discrimination lawsuits?

00:53:34.000 –> 00:53:36.000
Oh, boy, I would suggest talk to a labor attorney. Yep.

00:53:36.000 –> 00:53:39.000
That’d be my first thing, I….

00:53:39.000 –> 00:53:44.000
Yeah, I would suggest doing nothing is not going to help your case at all.

00:53:44.000 –> 00:53:45.000
Right.

00:53:45.000 –> 00:53:46.000
You got to do something. Yeah. But before we get off, uh….

00:53:46.000 –> 00:53:50.000
You got to do something.

00:53:50.000 –> 00:53:57.000
I’ve never seen this many questions, but they are just going non-stop and will continue.

00:53:57.000 –> 00:54:01.000
But I would ask everybody to do a shout-out to Todd.

00:54:01.000 –> 00:54:09.000
Thanking him for…. Sharing this information with the industry and based on his experience and expertise.

00:54:09.000 –> 00:54:14.000
We need, uh, we need people like Todd to help us guide.

00:54:14.000 –> 00:54:21.000
Through this, uh, jungle that we’re about to jump into. It’s going to be quite a, quite a, uh….

00:54:21.000 –> 00:54:28.000
Quite a project, so send out… send him a thank you right now. He’s… he’s done a lot of work on this, and….

00:54:28.000 –> 00:54:31.000
It’s, uh, we certainly appreciate you.

00:54:31.000 –> 00:54:35.000
I’m happy to help, and I’m glad you guys wanted to do something.

00:54:35.000 –> 00:54:39.000
Address on this issue, so I appreciate you guys inviting me to participate.

00:54:39.000 –> 00:54:41.000
Yeah, we’re getting a lot of thank you, Todd, and uh….

00:54:41.000 –> 00:54:43.000
You’re welcome.

00:54:43.000 –> 00:54:52.000
Uh, to everybody else out there. We have copies of this chat file, and we’ll take some time to go through those, and.

00:54:52.000 –> 00:55:01.000
Pull out some questions that we didn’t, uh, address. Uh, sadly, in a lot of cases, I don’t know if there’s an answer to some of these questions just yet.

00:55:01.000 –> 00:55:09.000
At some point, we’ll probably get better guidance on. How to get drivers back in service, and….

00:55:09.000 –> 00:55:15.000
A little more idea of, uh. What this proficiency test is like on the side of the road.

00:55:15.000 –> 00:55:20.000
Uh, we’ll get some feedback soon, because some drivers are going to experience this pretty quickly, I think.

00:55:20.000 –> 00:55:21.000
Mm-hmm.

00:55:21.000 –> 00:55:31.000
So, uh, hopefully. This all helped a little bit. I thank everybody for all the questions. I know this is, uh, impacting just about everybody.

00:55:31.000 –> 00:55:36.000
Uh, that runs a trucking company. And, uh, uh….

00:55:36.000 –> 00:55:44.000
Hopefully, uh. The tools that we can help you with might help you with your assessments of these drivers, and uh….

00:55:44.000 –> 00:55:52.000
Uh, if there are any questions that…. Require Todd’s expertise. We’ll make sure we pass those on to him, and….

00:55:52.000 –> 00:55:57.000
Uh, he can either get back to you through us, or he can respond back to y’all directly.

00:55:57.000 –> 00:55:58.000
Yeah, please reach out.

00:55:58.000 –> 00:56:04.000
So, Todd will be provided with a list of those of you that attended and registered, so….

00:56:04.000 –> 00:56:11.000
Thank y’all very much, uh…. I think this was, uh, informative, a bit frustrating.

00:56:11.000 –> 00:56:15.000
Uh, but we’ll, uh, we’ll figure it all out at some point.

00:56:15.000 –> 00:56:17.000
Todd, thank you, sir. Mark, thank you. Thanks to everybody that joined us.

00:56:17.000 –> 00:56:20.000
Thanks, everybody.

00:56:20.000 –> 00:56:22.000
Uh, check us out on the next webinar. Thank y’all.

00:56:22.000 –> 00:56:28.000
Thanks