ELP enforcement crackdown - anyone else dealing with this?

TruckerMike

New Recruit
Driver
Wanted to get a pulse check from other expediters on what you're seeing with ELP (English Language Proficiency) enforcement.


Texas has gone zero tolerance - over 7,000 violations since last summer. Oklahoma just passed $3,000 fines per violation. And there's a federal bill in the works (SAFE Drivers Act) that would require a standardized ELP test for all CDL renewals nationwide.

The part that got my attention: under 49 CFR § 391.11, it's on us as carriers to verify and document ELP compliance BEFORE the driver gets in the truck. So if someone gets tagged at a scale, the auditor's first question is "what did YOU do to verify they were qualified?"


For those running teams or leasing on with carriers - are you seeing this come up? Anyone been asked for ELP documentation during an audit or had a driver get put OOS for this?


I got tired of worrying about it so I built a quick assessment tool (elpready) that gives you a certificate for the DQ file. But curious what everyone else is doing - just relying on the CDL? Doing your own verbal check and making a note? Ignoring it and hoping for the best?

Seems like this is only going to get stricter. Would rather get ahead of it than find out the hard way at a roadside inspection.
 

TruckerMike

New Recruit
Driver
well the problem is that even though we can all assumably speak fluent english .. with these new guidelines, the burden is on the carrier/driver to prove they've done their due dilligence.
 

ExtremeGoods

New Recruit
Owner/Operator
It is up to the inspector's judgement. If a driver is fumbling to speak commonly understood English, THEY NEED TO GET OUT OF THIS BUSINESS. EVIDENCE OF DUE DILIGENCE DOES NOT CUT IT ! The risks are simply too high from both safety and security perspectives. Time for LEGAL migrants to enroll in ESL courses and learn the rules of the road. Might be a good idea for the DOT to provide a standardized 20 question written spot test to adjudicate their flags quickly.
 
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