CFR391.11b2 – Read and Speak English to Operate CMV – FAQs
What is CFR 391.11b2?
The law:
A person s qualified to drive a motor vehicle if he/she . . . 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.
What does CFR 391.11b2 actually require?
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What are the consequences of a conviction under CFR 391.11b2 in Arizona?
A conviction for violating CFR 391.11b2 is (usually) a criminal charge according to A.R.S. 28-5240, which states:
A. In addition to civil penalties imposed under this chapter, a motor carrier, shipper or manufacturer who operates or causes to be operated a commercial motor vehicle in violation of this chapter or who knowingly violates or knowingly fails to comply with any provision of this chapter or with any rule adopted pursuant to this chapter is guilty of:
-
- A class 2 misdemeanor for a first offense.
- A class 1 misdemeanor for a second offense.A class 6 felony for any subsequent offense.
For a first offense, which would be charged as a class 2 misdemeanor, there is the potential for up to a $750 fine plus surcharges of $585, up to 4 months in jail, and probation. In practice, jail time is unlikely and the fine will likely be far less than the maximum.
Note however that sometimes this can be charged civilly under FMC 391.11b2.
Problem-Solving Attorneys
David Enevoldsen, Partner
My favorite thing about being a criminal defense attorney is getting my client’s charges dismissed at trial. Driving on the beautiful Arizona highways is a close second.
Chris Rike, Partner
I love being a criminal traffic defense attorney because it marries two of my favorite things: cars and fighting for the rights of drivers.
How To Defend A Ticket for CFR 391.11b2
Legal Issues:
- The legal issue here is pretty narrow – is the driver able to read and speak english sufficiently well to safely drive a CMV and communicate?
Other Considerations:
- Is it possible to negotiate a plea to something less?
- How is your driving history?
- What is your background?
- What is your immigation status?
- Have you done a lot of community service?
- How did you treat the officer during the traffic stop?
- Maybe a diversion is possible.
- Diversion involves paying some money, maybe taking some classes, not getting any more tickets for some period of time, and at the end, the charge is dismissed.
How many points is a ticket for CFR 391.11b2?
A conviction for CFR 391.11b2 doesn’t impact the drivers’ CDL in any way. It does not add any points to the driver’s license. No federal violation like this adds points to a driver license.
This violation does come with 4 CSA points though, and a conviction for this violation will be reflected on the drivers commercial driving history. We have another page that dives into CSA points.
What is the court process for a ticket for CFR 391.11b2 in Arizona?
Each case is unique and your specific circumstances will determine what may happen, but the basic sequence of a case is this:
1. Arraignment
The date on your ticket is the arraignment date. This is when you, the defendant (or your attorney) appears before a judge and enters a plea of not guilty or not guilty.
2. Pretrial Conferences
A Pretrial conference is a meeting between the prosecutor and the defendant (or your attorney) to see if a resolution can be reached and to make sure the defendant is getting the information they need (discovery).
3. Discovery
Discovery just means information gathering. It involves requesting and reviewing evidence which may include reports, witness statements, video, and more.
4. Negotiation
Negotiation, which can include a deviation request, is essentially making an argument to the prosecution requesting a reduced charge or a diversion based on the information uncovered during discovery and other mitigating details, such as the defendant’s driving record or background.
5. Resolution
This could involve a change of plea hearing if an agreement has been reached with the prosecution, or a trial.
Politics surrounding CFR 391.11b2
The requirement that drivers of commercial motor vehicles read and speak English sufficiently to communicate with law enforcement and read road signs has been on the books for a long time. However, prior to 2025, we never saw this requirement strictly enforced. With the new administration in 2025 though, there seems to be a push to enforce this requirement.
As a basis for this increased enforcement, the administration alleges that an inadequate mastery of English has caused or contributed to a variety of fatal accidents involving commercial motor vehicles. A couple examples of such accidents can be found in this post on cdllife.com.
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