Traffic lawyers helping Commercial drivers
The issue of commercial drivers speaking foreign language is becoming a bigger issue in this county as the county become more diverse. The driver of the vehicle is only required to “read and speak the English language sufficiently to converse with the general public, to understand highway traffic signs and signals in the English language, to respond to official inquiries, and to make entries on reports and records.” Understand that there is no test that the officer gives – it is completely subjective. The officer comes into the hearing room and says he believes the driver cant speak English. Most of the time I don’t even have my client present – And remember the burden is on the government by a preponderance of the evidence to show he couldn’t speak English.
“391.11General qualifications of drivers.
(a) A person shall not drive a commercial motor vehicle unless he/she is
qualified to drive a commercial motor vehicle. Except as provided in 391.63, a motor carrier shall not require or permit a person to drive a
commercial motor vehicle unless that person is qualified to drive a
commercial motor vehicle.
(b) Except as provided in subpart G of this part, a person is qualified to drive
a motor vehicle if he/she—
(1) Is at least 21 years old;
(2) Can read and speak the English language sufficiently to converse with the general public, to understand highway traffic signs and signals in the
English language, to respond to official inquiries, and to make entries on reports and records;”
The driver of the vehicle is only required to “read and speak the English language sufficiently to converse with the general public, to understand highway traffic signs and signals in the English language, to respond to official inquiries, and to make entries on reports and records.” Understand that there is no test that the officer gives – it is completely subjective. The officer comes into the hearing room and says he believes the driver cant speak English. Most of the time I don’t even have my client present – And remember the burden is on the government by a preponderance of the evidence to show he couldn’t speak English. If you are a commercial driver and charged with this offense – give us a call.
[wpseo_address show_state=”1″ show_country=”1″ show_phone=”1″ show_phone_2=”0″ show_fax=”0″ show_email=”0″]