FMCSA English Proficiency Memorandum/OOSC

The FMCSA memorandum # MC-ECE-00005-07 states in attachment 1's first paragraph:(2) Driver must respond appropriately in english as a mean of establishing their proficiency; and (3) driver's failure to establish their ability to respond to these basic questions in english will result in an out-of-service violation of section 391.11(b)(2).Does it mean a mute driver is automatically put out-of-service? Does it also mean that a driver not fluent enough in english to keep a dialogue but hands out all the information or points to the right answer in his paperwork when asked one of the 14 questions in attachment 1 or any other questions, and obeys correctly all commands during the mechanical portion of the North American Standard Level I Inspection would be put OOS.

I do not know how many mute drivers live in North America but there is many thousands of drivers of french origin in Quebec. Should it be understood that delivery or pick up of loads in the states are prohibited because the may not speak good enough english.There is a big difference between getting by an being able to hold a conversation in English. I would consider this issue an urgent one since it affects the livelihood of many drivers in one of CVSA member jurisdiction "Quebec" and the one of all the mute drivers in North America. The goal of such OOS violations is to ensure the driver complies with regulations and the need for officer safety. Failure to communicate is more than just oral communication. Road safety is not gained with such application of the OOS. 90 % of a communication between two individuals is body language. The supporting document I have on this topic comes from our National police institute but is in french. So, very little gain in officer safety there.

I would suggest permitting the driver to continue driving if the officer gets all the cooperation needed to carry out the mecanical portion of the inspection, and all the information needed to carry the inspection. Not taking into account the way the information is delivered. This would cover all the situations of the not too fluent in english drivers and the mute ones.Also, there has be a English, Spanish, and French list of basic questions asked during an inspection. There should be quite a bit more than just 14 questions on it.This would cover the official languages of all jurisdictions.