By: Brenda Palmigiano and Zainab Alkebsi
Brenda Palmigiano was fortunate to have been part of the very first group of deaf and hard of hearing truckers to hold a Commercial Driver’s License (CDL) from the Federal Motor Carrier Safety Administration (FMCSA) at the Department of Transportation (DOT). However, her journey as a female deaf trucker was not without its battles.
The DOT sets the safety standards for obtaining a CDL. These safety standards are called “Physical Qualification Standards.” The DOT’s Physical Qualification Standards currently require drivers to be able to hear. These requirements state that drivers have to be able to hear “a forced whisper at not less than 5 feet in the better ear with or without a hearing aid, or cannot have an average hearing loss in the better ear greater than 40 decibels at 500 Hz, 1,000 Hz, and 2,000 Hz with or without a hearing aid” (49 C.F. §391.41(b)(11), also known as “forced whisper test” or “hearing test”). Brenda went to two different DOT locations for her hearing test and received two different hearing results. She passed one of the hearing tests and failed the other. This made her suspect that the hearing test equipment is not reliable.
However, the NAD and many deaf truckers including Brenda have opposed these safety standards for many years. There is no need for the hearing test. Deaf and hard of hearing people are just as capable as hearing people to be CDL truckers. Research shows that deaf and hard of hearing drivers have better perception skills than hearing drivers, in fact.[1] With the NAD’s help, Brenda founded the Deaf Trucker United group[2] with the goal of advocating for the rights of all deaf and hard of hearing truckers across the country. DTU and the NAD approached the FMCSA with the goal of convincing the officials to repeal the hearing test requirement.
While the NAD and DTU continue to advocate for the repeal of the hearing test, the DOT granted part of their request for the time being. On February 1, 2013, the DOT agreed to grant exemptions to drivers who are deaf and hard of hearing and meet the other standards for CDL. In doing so, the DOT agreed that deaf and hard of hearing people are safe drivers. In reaching its conclusion, the DOT relied upon an Executive Study[3] that found that there is no increased crash risk with respect who are deaf or hard of hearing. That same Executive Study, commissioned by the FMSCA, also questioned the validity of the “forced whisper test.” With the assistance of the NAD, the first 40 drivers who are deaf and hard of hearing were granted the exemptions from the hearing test requirement. However, gaining the exemption was only the first step of a long fight to CDL equality.
The next battle was the written test and the road test. The DOT refused to provide Brenda with an ASL interpreter because they, not knowing about the Code of Ethics, felt that the interpreter would help her cheat on the test and also because they believed having an interpreter inside the cab would be a safety hazard. After some back and forth, she was provided with a 5×10 mirror inside the cab where she can see the interpreter behind Brenda and the instructor indicated left/right turns ahead of time. All the instructors back then were male and they all looked down on Brenda as a weak and ignorant deaf female trucker but she made it through with no serious issues. Brenda passed the road test with flying colors! Having the interpreter there was what she needed since Brenda failed three previous road tests because of the lack of clear communication. Finally, Brenda passed the fourth road test all because of having an interpreter present. Addressing our communication needs makes all the difference.
However, while ASL interpreters are often used for classes and road training, the DOT has unfortunately banned the use of interpreters during the road test. The NAD has been advocating to DOT officers to repeal this interpreter ban.
Through her own advocacy and the NAD’s diligent efforts, Brenda was able to achieve her dream of becoming a truck driver with a CDL. In October 2014, Brenda joined the NAD in a round table negotiation with the FMCSA to discuss ongoing discriminatory issues in the trucking business in an effort to increase awareness within the FMCSA regarding the communication and access needs of deaf and hard of hearing truckers.
For those who are interested in obtaining a CDL – go for it! Various trucking companies have expressed concern regarding a shortage of truck drivers in the U.S.[4] You can fill these positions. There are plenty of opportunities out there for truckers and you can work alone with minimum supervision. We need more deaf and hard of hearing truckers out on the road! If Brenda can do it, you can too.
[1] See Deaf adults see better than hearing people, new study finds, November 11, 2010, https://www.sciencedaily.com/releases/2010/11/101110205051.htm; Sign language users have better reaction times and peripheral vision, February 6, 2017, https://medicalxpress.com/news/2017-02-language-users-reaction-peripheral-vision.html
[2] http://www.deaftruckersunited.com/about-us.html
[3] See Executive Summary: Hearing, Vestibular Function and Commercial Motor Vehicle Driver Safety, August 26, 2008, https://www.fmcsa.dot.gov/sites/fmcsa.dot.gov/files/docs/Hearing-Evidence-Report-Final-Executive-Summary-prot.pdf
[4] See Truck Driver Shortage is a Shortage of Imagination, Forbes, September 1, 2016, https://www.forbes.com/sites/kevinomarah/2016/09/01/truck-driver-shortage-is-a-shortage-of-imagination/#6b3c76871d7e