Can a person be passed if he/she is primarily spanish speaking-can converse in engish– but can not write and read english well?Apparently they’ve been passed in the past.
This is often a frustrating issue for medical examiners. According to FMCSA regulations, it is the motor carriers’ responsibility to make sure their commercial drivers:
(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;
Note that this is the motor carriers’ responsibility. It is not the medical examiners’ responsibility. Ours is to evaluate the driver for any physical or mental conditions which would preclude safe operation of a commercial vehicle. So in practicality, if I can get the information I need to conduct the history and physical, including a medical history I am comfortable with, I will complete the exam and render my certification decision. I will also make any appropriate comments in the comments section regarding any difficulty with communication, and make the motor carrier aware of potential language barriers. Then, it is up to them.
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We had a patient come in last week who was Spanish speaking only. We could only communicate with him via a translator. Based on the regulation listed above we did Not recertify him. He had been certified in the past by our clinic as we were able to get the information needed via a translator but now that everyone is certified and knows the regulation he was not certified this time. Of course they are threatening to sue for discrimination but I feel we followed the regulations and he does not meet the requirements for certification….
Are you referring to the regulation that indicates the driver must be able to read and write English? As I outline in my article, if we can reliably get through the exam with or without a translator, we will certify strictly on medial guidelines, and leave it to the motor carrier to determine if the driver is qualified according to non-medical criteria, including language issues. We don’t make that call, but will document in the comments section whether any significant language barriers exist.