HomeArchive by Category "Compliance"

Commercial drivers for farms must have some English-language skills

New York Farm Bureau (NYFB) recently published an important notice about how federal regulations governing commercial vehicles driven for farms are interpreted. The NYFB message is re-posted completely below.

UPDATE: English Proficiency CMV Out-of-Service

On May 20, 2025, the Federal Motor Carrier Administration issued a memo on agency enforcement of English proficiency for Commercial Motor Vehicle (CMV) drivers. This memo clarified a long-standing regulation (in place prior to 2005) that states:

“a person is qualified to drive a motor vehicle if he/she…(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;…” 49 CFR § 391.11(b)(2)

Pursuant to the regulation, a driver who cannot meet the requirements as outlined above is not qualified to operate a CMV in interstate commerce. This rule applies to all CMV drivers regardless of whether they are farmers, H-2A workers, other farmworkers, or for-hire drivers.

NYS does not delineate interstate and intrastate for the purposes of applying the safety regulations, which now includes this English proficiency out-of-service. Thus, while the federal guidance says this applies to interstate commerce, in New York, it will apply to all drivers because the state adopts the federal motor carrier safety regulations and the Commercial Vehicle Safety Alliance (CVSA) out-of-service criteria. In New York, this out-of-service will be applied to inter- and intrastate carriers.

This new procedure on placing drivers out-of-service for lack of English proficiency has been put out by the CVSA. CVSA is an organization made up of government and industry. The membership comes up with the criteria used in the U.S., Mexico, and Canada to place a driver or vehicle out of service. This promotes uniform application of the regulations and out-of-service criteria across the continent. You can read more about this directly from the CVSA, including guidance and information on the English language proficiency roadside assessment, here.

While farmers and their employees are granted many exemptions from certain CDL requirements in 49 CFR § 390.39 (e.g. controlled substance and alcohol use and testing, physical examinations, hours of service logs), there is no exemption for farmers or their employees, H2A or not, driving a covered farm vehicle from English proficiency requirements as cited above.

We understand this issue is of great concern to farmers. In response, NYFB and AFBF have met with USDOT to discuss this issue. We will continue to work with them.

Addressing Common Violations on Farms Webinar on July 9

Addressing Common Violations on Farms

Date: July 9
Time: 12:00 PM

Please join us for our next Ag Workforce Central Office Hour, our guests will be Mary Slattery (Director of the Division of Compliance and Education) and Reyna Morena (Deputy Director of the Division of Compliance and Education) from the NY State Department of Labor’s Division of Compliance and Education (DOCE). Mary and Reyna will share information about Common Employment Law Violations Found in New York Farms. Participants will have an opportunity to engage in a question and answer session with the panelists.

Registration is required to attend our webinars.

You will have the opportunity to submit questions in advance during registration.

Register now for the July 9th webinar

The Ag Workforce Central Virtual Office Hour is a webinar series that occurs every other month featuring Cornell experts and guest speakers on timely topics for the agricultural workforce. Virtual Office Hour offers participants the opportunity to access expert insights, practical strategies, and interactive discussions on topics such as regulatory compliance, leadership development, and fostering a culture of engagement within farm businesses. 

By Agricultural Workforce Development, Cornell University. Permission granted to repost, quote, and reprint with author attribution.

Immigration Resources for Farm Employees

The new presidential administration is clearly increasing immigration law enforcement. Farm employers are advised to get their work authorization procedures in order and prepare for possible workplace enforcement. Farm employees can also take steps to be sure that their rights are protected and that they have plans in place in case they become involved in enforcement actions. New York State Department of Labor recently shared a set of helpful resources for immigrants in multiple languages, linked below. While these resources were originally prepared for New York City, almost all of the content is relevant for people living and working in farms across the state.

It is critically important for immigrants with families or other dependents in the U.S. to have a plan in case of emergency, including immigration enforcement. The Immigrant Legal Resource Center provides an excellent collection of resources called the Step-by-Step Family Preparedness Plan. Find it here in Spanish: Plan de Preparación Familiar.

By Richard Stup, Cornell University. Permission granted to repost, quote, and reprint with author attribution.
The post Immigration Resources for Farm Employees appeared in The Ag Workforce Journal.