Truckers Use English Only When Testing

Porposed Federal Rule To Have Little Affect On Arkansas

Last updated Saturday, August 2, 2008 5:35 PM CDT in Business

By Pamela Hill
The Morning News

The rule was proposed and published April 9 and the comment period ended in June. The proposed change must still undergo an agency review, a departmental review, and a review by the Office of Management and Budget, DeBruyne said. If approved, the rule could take effect early next year.

"They've been talking about it for three years. This time, I think it will happen. It needs to happen," said Monty Pride, the statewide driver's license/commercial driver's license coordinator for the Arkansas State Police.

Pride said the Arkansas legislature took the federal statute requiring drivers to have a sufficient handle on English and enacted a state law that mirrors it.

The written part of the regular driver's tests are offered in two languages, English and Spanish, but the driving segment is given only in English.

"The CDL test is given in English only. No other languages are permitted," said Peggy Allred, driver's license examiner for the State Police Troop L, headquartered in Springdale. "There are some other states that use some other languages. But Arkansas law mandates that tests be in English only."

State police gave 169 commercial driver's tests in June at the Springdale test site, which is used for Benton, Carroll, Madison, and Washington counties. Allred did not know if anyone was turned down for lack of English skills.

"That would be pretty rare. It's well known in Arkansas that the test is in English," she said.

Adrian Montoya of Springdale has an Arkansas commercial license, but he never took a test here. His original license was issued after an all-Spanish test. Montoya moved to the United States from Mexico when he was 17. He's now in his 50s .

"The thing is, I don't speak real good English," Montoya said when asked for an interview.

He's been a truck driver 25 years and makes three cross-country trips a month from Springdale, his home for three years.

"I go to all 48 states," Montoya said. He regularly delivers chicken from a Springdale producer to California, then loads up there with fish and seafood or other goods and drives to Illinois, Michigan, Georgia and elsewhere.

Montoya received his first commercial driver's license in Illinois. There, he took both the written and driving portions of the test in Spanish, he said. When he moved to California, he had to retake the exam. This time, he took the written and skills portions in Spanish, but the driving segment in English.

Arkansas accepted his license from California and did not require him to take another test before issuing him an Arkansas license. Montoya said licensing employees told him he would have to retake the test to be certified to haul hazardous materials, such as gasoline, which he was licensed to do by California. He decided not to get the hazardous-materials certification - not because of the English-only testing in Arkansas, but because he really didn't need it.

"I don't haul any dangerous products any more," Montoya said.

Montoya said he's been ticketed for speeding or parking, but not for being able to communicate well enough in English.

"I never have no problems. Everyone understand me one way or another. If the law changed for me to speak better English, I'd go to school. I want to work."

Montoya owns El Pino Trucking, which consists of two trucks and a second driver. Montoya said his other driver is also Mexican and hasn't been cited for poor English, either.

The mandate of the motor carrier administration, a division of the federal Department of Transportation, is to improve safety and reduce the number and severity of crashes in commercial transport.

Norita Taylor, spokesman for the Owner-Operator Independent Drivers Association, said any rules change that promote consistency among states is good. The current English-proficiency regulation is interpreted differently in different states, she said.

English proficiency is a hot topic in the trucking industry, especially in light of a pilot program in which trucks from Mexico are allowed to enter border areas. The issue could become even greater if the pilot program is expanded and efforts to make it easier for trucks to enter the United States from Mexico are approved.

Clayton Boyce, spokesman for the American Trucking Association, said, "We support the proposed change as long as it's aimed at supporting safety. It's a safety requirement, not a cultural requirement."

He said he's not opposed to written tests in another language, which often require a more detailed understanding of the language.

Thirty-four states responded to a recent survey conducted by the American Association of Motor Vehicle Administrators. When asked if they offered the commercial test in any language other than English, 16 respondents said "no," and 18 said "yes." Six respondents - Texas, Minnesota, Maine, Kansas, Idaho, Florida - said they offer the skills test in a language other than English and allow the use of interpreters.

The Arkansas Highway Police can stop any driver but their primary responsibility is commercial transport vehicles, including the determination of whether the driver can speak English sufficiently.

"I can't say it's a problem. It's something we're cognizant of," said Maj. Paul Claunch of the Arkanas Highway Police.

In those rare instances where someone does violate the English regulation, officers place them "out of service," and the truck is parked until a qualified driver can move it.

Claunch in 2004 was president of the Commercial Vehicle Safety Alliance, which helps establish criteria for certain federal rules and regulations.

"States all over the country were expressing concern for their officers. That's what put it to the point that we could actually place (drivers) out-of-service for that violation," he said.

Ort said giving commercial drivers tests in English only helps ensure that drivers will be able to communicate on the road, where it really matters.

"Sometimes, you can visually look at each other and use gestures to get your meaning across. If an officer is on the ground under the vehicle, that's not possible," Ort said. "They have to rely on the spoken word. It's imperative that officers can rely on their (drivers') language skills."

Claunch said officers often have to be under vehicles inspecting brakes, coupling devices or other things. Drivers have to understand terms related to the inspection process and understand instructions or questions without the use of gestures for officer and driver safety.

Larry Milner of Hindsville, owner of Larry Milner Trucking, said he's had a few people apply to drive for him who didn't speak English well. He didn't hire them.

"Eighty to 90 percent of my business is communicating with drivers," Milner said. "But if I can't communicate with them, I can't use them."

Milner employs 10 drivers.

Amy Bain, executive assistant to the president of J.B. Hunt Transport Services Inc., said the company had no comment on the issue or proposed regulation. PAM Transport Inc. President Bob Weaver did not return messages left for him at the Tontitown-based company.

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