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1197. #TFCP - Trucking & Language Laws: Clearing the Confusion!
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In this episode, Bryan Nelson is back for another insightful conversation about the trucking and language laws, and today, he talks about English proficiency requirements for commercial drivers and recent legal and regulatory changes!
Here’s What to Learn From This Episode:
- English Proficiency Requirements: Overview of 49 CFR 391.11, B2 emphasizes that drivers must read and speak English to interact with the public and understand road signs; historical enforcement aimed to be employer-based. Concerns raised by ACLU and EEOC about civil rights implications during 1997 proposed rulemaking.
- Recent Executive Actions: April 28 Executive Order 14286 mandates FMCSA to enforce English proficiency within 60 days; CVSA reinstates out-of-service criterion. Regulatory landscape shifts toward roadside inspections, raising concerns about subjective enforcement by officers across states, affecting consistency and compliance.
- Operational Risks & Compliance Strategies: Increased potential for fines (500 first offense, 1,000 subsequent) and business disruption due to English proficiency violations - influencing insurance coverages. Recommended strategies for carriers include proactive English training, updating compliance procedures, and monitoring regulatory developments closely to mitigate legal risks and business impacts.
About Bryan Nelson
Bryan J. Nelson is a transportation and logistics attorney assisting clients in the development and review of transportation agreements, the resolution and mitigation of cargo claims, and the establishment of corporate compliance strategies in accordance with state and federal regulations. Prior to joining Taylor Nelson, Bryan practiced as general counsel and served as a chief administrative officer in the transportation industry for over a decade, representing a family of companies that included a motor carrier, a third-party logistics corporation, and a transportation management system (TMS) provider.
Bryan graduated from Stetson University earning his juris doctorate and his master’s degree in business administration. He received his undergraduate degrees in Accounting and Finance from Florida State University. With his hands-on experience in the transportation industry, Bryan recognizes and understands the unique challenges and opportunities facing transportation companies throughout the supply chain.
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