Unusual ticket raises questions

MINERAL COUNTY – In a recent Mineral County Justice Court report, an unusual entry was listed as a ticket given to a driver for not speaking English.

This ticket was issued under 49 CFR 391.11(b)(2), a federal regulation for transportation safety. The regulation states a driver must be able to “read and speak the English language sufficiently to converse with the general public [and] understand highway traffic signs and signals in the English language.” Violation of the regulation is a ticket worthy offense in Montana and grounds to put a commercial vehicle out of service.

According to Josh Coleman, an employee at the Haugan Weigh Station, the tickets are mainly given to commercial truck drivers. He said the ticket was given because of safety issues.

The driver’s ability to communicate with authorities can be a cause for concern. Also, if a driver is unable to read English, it could lead to problems with navigation or potential road dangers.

“Generally, if they can’t speak English very well, they can’t read English very well,” said Coleman. “Then they can’t read traffic signs.”

The Montana Department of Transportation Title VI Limited English Proficiency Plan, submitted in 2012, said there have been cases where non-English speaking drivers have been almost impossible to communicate with.

When there are concerns of a driver’s ability to speak English, a quick test is administered at the weigh station. At a truck’s inspection, a series of questions are asked in English about the driver’s trip with requests to see their license, log book and registration. If a driver is able to respond to the questions correctly, clearly and they provide the correct documents, it is determined they can understand enough English to continue.

“We don’t go in depth, we just question,” said Coleman.

He said the driver’s logbook was another way to check their fluency. If the book is written clearly, it usually means they can read the language proficiently. Other methods have also been used to determine the language skill of a driver.

Jaime Stewart, clerk of the justice court, recalled one officer who used to work at the station who had a sign, which read ‘bridge out ahead.’ If a driver was unable to read the sign, they were cited as a non-English speaking driver.

“That’s obviously something you would want to know,” said Stewart.

If a driver fails the test, the port of entry will not allow them to continue their route. In most cases, a substitute driver will be with the cited driver and is able to take over to complete the trip. However, Coleman said there have been times when a co-driver was not available and other arrangements had to be made.

These cases have been few and far between and are rare for Mineral County. In his time at the weigh station, Coleman has never had to issue the ticket, though has removed drivers from service.

According to Stewart, not speaking English is not a misdemeanor and there is no jail time involved. A driver may be fined between $25 and $500 as bond for the charge.