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Sep 15, 2007

Enforcing English proficiency? * USA - What about Florida?

The English proficiency regulation clearly spelled out in federal regulations is not enforced on the roadside in Florida because of a 1999 settlement agreement between the Florida DOT and a CDL holder of Hispanic origin

Grain Valley,MO,USA -Land Line Magazine, by Jami Jones -Sept. 14, 2007: -- ... The 1998 case stemmed from enforcement of 391.11(b)2 by the West Palm Beach Police Department... In November 1997, Antonio Cuba was cited for a violation of the statute. After a year of wrangling in the U.S. District Court for the Southern District of Florida, the state and Cuba reached a settlement agreement. In the agreement, signed in February 1999, the state agreed officers on the roadside would not enforce the federal English proficiency regulation... The IG’s recent audit to Congress on the demonstration project cites the guidance issued by FMCSA in July and reports that the inspector must conduct the interview of the driver in English, gives strategies for communicating with “non-native” speakers of English and instructs the inspector to place a driver out of service for failing the test... Despite guidance that may or may not be fully distributed, the Florida settlement signed in 1999 has and continues to prohibit any roadside enforcement of the English proficiency regulation...

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