🚨 FEDERAL LAW REQUIRES ELP. THE CONTRACT SHOULD ENFORCE IT. I really believe every freight broker should consider adding specific English Language Proficiency (ELP) provisions to its broker-carrier contract as soon as possible. 🔁 PLEASE REPOST THIS I never ask anyone to repost something I publish, but I am asking this time. Promoting awareness of the federal English Language Proficiency requirement is important. Incorporating meaningful ELP provisions and consequences into broker-carrier contracts can protect freight brokers, support responsible American trucking companies, and help raise the standard across the transportation industry. The initial draft is provided below. The contract should do more than repeat 49 CFR § 391.11. It should require the carrier to certify that every dispatched driver satisfies the federal standard and establish meaningful consequences when an unqualified driver is dispatched. Those consequences should include driver rejection, immediate replacement at the carrier's expense, recovery of resulting costs, suspension of load tenders, indemnification, and termination for cause. I am not an attorney, and this is not legal advice. Before implementing any changes to a broker-carrier contract, consult a qualified transportation attorney who can review the complete agreement and applicable law. The following proposed contract language addresses driver English Language Proficiency, the carrier's responsibility for compliance, and the remedies available to the broker when that responsibility is breached. This is intended as a starting point for discussion with qualified transportation counsel and should be reviewed, modified, and integrated with the other terms of each broker's existing agreement before use. Here you go freight brokers: DRIVER ENGLISH-LANGUAGE PROFICIENCY A. Compliance Warranty. Carrier represents, warrants, and covenants that every driver assigned to transport a shipment tendered by Broker shall, at all times while performing services under this Agreement, be fully qualified to operate the applicable commercial motor vehicle under 49 C.F.R. Part 391 and all other applicable federal, state, and local laws and regulations. Without limiting the foregoing, Carrier shall not require, permit, dispatch, or allow any driver to provide transportation services under this Agreement unless that driver satisfies the requirements of 49 C.F.R. § 391.11(a) and can read and speak the English language sufficiently to: 1. converse with the general public; 2. understand highway traffic signs and signals in the English language; 3. respond to official inquiries; and 4. make entries on reports and records, as required by 49 C.F.R. § 391.11(b)(2), as amended or superseded. B. Carrier's Exclusive Responsibility. Carrier is solely and exclusively responsible for selecting, employing or engaging, qualifying, training, dispatching, supervising, and controlling its drivers and for determining, before dispatch and throughout the performance of each shipment, that each assigned driver satisfies all applicable qualification requirements. Carrier shall impose these same requirements upon every owner-operator, leased driver, substitute driver, subcontractor, or other person used by Carrier to perform services under this Agreement. Broker's acceptance of Carrier, tender of a shipment, communication with a driver, or failure to identify a driver's noncompliance shall not constitute a determination that the driver is qualified and shall not relieve Carrier of any obligation or liability. Nothing in this Section authorizes Broker to direct or control the manner or means by which Carrier or its drivers perform transportation services. C. Certification Upon Dispatch. Carrier's acceptance of a shipment and dispatch of a driver shall constitute Carrier's affirmative certification that the assigned driver satisfies this Section. Upon Broker's reasonable request, Carrier shall promptly provide written confirmation of compliance. Carrier shall immediately notify Broker if Carrier knows or reasonably should know that an assigned driver does not or may not satisfy the requirements of this Section. D. Rejection and Replacement of Driver. If Broker, the shipper, consignee, receiver, governmental authority, or facility operator reasonably determines that an assigned driver is unable to communicate or perform required functions at the level required by 49 C.F.R. § 391.11(b)(2), or if the driver is cited, ordered out of service, denied entry, rejected, or delayed for an apparent failure to satisfy that requirement: 1. Broker may require Carrier to remove and replace the driver immediately; 2. Carrier shall provide a qualified replacement driver and safely complete the shipment without additional charge to Broker, the shipper, or the consignee; 3. Broker may withhold tender of the shipment, recover the shipment, arrange substitute transportation, or take any other action reasonably necessary to protect the cargo, customer, or public; and 4. Carrier shall remain responsible for the cargo and for timely performance unless Broker expressly agrees otherwise in writing. The exercise of these rights shall not make Broker the employer of the driver or constitute Broker's assumption of Carrier’s regulatory responsibilities. E. Material Breach and Remedies. Any violation of this Section constitutes a material breach of this Agreement. In addition to all other contractual and legal remedies, Broker may, without liability: 1. reject the assigned driver or equipment; 2. cancel the affected shipment; 3. suspend further load tenders; 4. immediately terminate this Agreement for cause; 5. engage substitute transportation; and 6. offset against amounts otherwise owed to Carrier, to the extent permitted by applicable law and this Agreement, the actual and reasonable amounts for which Carrier is responsible under this Section. Carrier shall reimburse Broker for all actual and reasonable losses, costs, charges, and expenses arising from or caused by Carrier’s breach, including the reasonable cost of substitute transportation, recovery or transfer of cargo, towing, storage, layover, redelivery, detention assessed against Broker, additional handling, and legally enforceable customer chargebacks. Broker shall not obtain a duplicative recovery for the same loss. F. Indemnification. To the fullest extent permitted by applicable law, Carrier shall defend, indemnify, and hold harmless Broker, Broker's customer, and their respective officers, directors, employees, and agents from and against all third-party claims, liabilities, damages, penalties, fines, judgments, and reasonable attorneys fees and defense costs, to the extent arising out of or caused by: 1. Carrier's breach of this Section; 2. Carrier’s dispatch or use of a driver who does not satisfy applicable driver-qualification requirements; 3. any citation, out-of-service order, denial of entry, delay, accident, cargo loss, or regulatory enforcement action resulting from such noncompliance; or 4. any material inaccuracy in Carrier's certification of compliance. Carrier's obligations under this subsection shall be subject to any indemnification procedures and limitations expressly stated elsewhere in this Agreement and shall survive completion of the shipment and termination of this Agreement. G. Objective Application. This Section concerns only the driver's ability to perform the functions required by applicable law. It shall not be interpreted or applied based on a driver's accent, national origin, citizenship, race, ethnicity, or any other characteristic protected by law. Broker's exercise of a contractual remedy under this Section does not constitute an independent legal determination that Carrier or its driver violated federal law.