Agency under scrutiny for English language competency evaluation process in truck driver tests
In an effort to address ongoing concerns about the security and integrity of the Commercial Driver's License (CDL) testing process, U.S. Sen. Roger Marshall, R-Kansas, has introduced legislation that would prohibit CDL testing from being administered in languages other than English.
This move follows a series of events, including a petition by the Small Business in Transportation Coalition for an audit of the Federal Motor Carrier Safety Administration's (FMCSA) CDL testing oversight due to perceived inconsistencies in English proficiency regulations.
The FMCSA, responsible for verifying state driver's licensing agencies (SDLA) compliance with CDL testing regulations, has acknowledged the need to strengthen standards for the testing and licensing of commercial drivers. A similar audit conducted in 2002 found that federal standards and state controls were not sufficient to defend against the threat of individuals seeking to fraudulently obtain CDLs.
The new legislation is a response to these concerns, aiming to increase the security and integrity of the CDL testing process. CDL testing, performed by either SDLAs or approved third-party testers and examiners, is a crucial step in the FMCSA's national CDL program, which aims to reduce the number and severity of crashes by verifying that only qualified drivers possess a CDL.
To obtain a CDL, applicants must pass both a knowledge test and a skills test, the latter of which must be administered in English per federal regulation. The U.S. Department of Transportation's Office of Inspector General (OIG) has launched an audit of the FMCSA's oversight of state agencies to ensure that English proficiency requirements are being met during testing for a CDL.
However, it is worth noting that the legislation does not address the oversight of state agencies by the FMCSA, which was the focus of the 2002 audit and the ongoing OIG audit. The OIG's audit objective is to assess FMCSA's oversight of states' CDL program compliance with regulatory requirements related to CDL knowledge and skills tests.
The audit report concluded that more can be done to broaden the scope of reviews and improve the basis for states' annual certifications that their programs comply with federal standards. Despite a petition by the Small Business in Transportation Coalition in 2022, the OIG declined to proceed with the audit, citing unspecified reasons.
The legislation, if passed, will contribute to a more secure and reliable CDL testing process, ensuring that only English-proficient drivers are issued CDLs, thereby enhancing road safety for all.
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