The headlines of late have been filled with news of crackdowns on regulations for commercial drivers, specifically truckers, by the Department of Transportation (DOT).
One example is the focus on the English language proficiency (ELP) requirement that drivers of commercial motor vehicles (CMVs) be able to read and write 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” found in FMCSR 49 CFR 391.11(b)(2).
Immigration policies and the issuance of commercial driver’s licenses (CDLs) to non-citizens are also being examined.
Much of this increased enforcement was prompted by an accident on the Florida Turnpike on Aug. 12 in which a non-English-speaking driver, an Indian national who is now facing multiple charges, attempted an illegal U-turn in a tractor-trailer, resulting in the death of three motorists. On Aug. 21, U.S. Secretary of State Marco Rubio announced that all worker visas for commercial truck drivers were being “paused.”
While every driver should be aware of changing policies and enforcement actions, not every story making its way around is credible.
The Great Flip Flop Debate
One topic that’s being circulated on social media is footwear requirements for CMV operators.
“DOT Cracking Down on Improper Footwear During Inspections,” states the title of one popular post. “Footwear must provide stability and protection,” the graphic explains. The message is making its way around social media platforms, promoted by self-proclaimed industry “experts.”
Stories of drivers being placed out of service for wearing flip flops, Crocs or other footwear abound.
Don’t fall for this nonsense.
There is no DOT regulation — not one — that addresses what commercial drivers must wear on their feet.
Flip flops, while certainly not the most intelligent choice for driving an 80,000-pound vehicle, are perfectly legal as far as the Federal Motor Carrier Safety Administration (FMCSA) is concerned. Barefoot, socks, stiletto heels, bunny slippers … all of these are fine with the authorities — as long as it can’t be proven that a driver’s choice of footwear interferes with their ability to safely operate the vehicle.
To be sure, footwear can be considered as a factor in the case of an accident, especially if the driver admits that his footwear slipped off the brake pedal or got tangled up with the floormat. A case of recklessness might even be made if it can be proven that the driver’s choice in footwear fashion actually caused a crash. OSHA regulations even call for closed-toe or even steel-toed footwear in certain working conditions.
But as for a national blitz of DOT shoe inspections or an official Commercial Vehicle Safety Alliance (CVSA) “Flip Flop Week” — it just isn’t happening.
Consider the additional training law enforcement officers would need to become footwear experts. Requirements like “supportive” or “protective” are so vague as to be unenforceable. If flip flops are illegal, is it only the cheap, rubber ones or does it include expensive leather options? What about sandals that have buckles to tighten the fit? What about the popular “Croc” plastic shoes and the cheaper no-name knockoffs?
Is there a national registry for approved footwear that inspectors can reference? How would they inspect for such things as support, arch protection, oil resistance and so on? Who writes the inspection criteria well enough so that a violation can be proven if it is challenged in court?
Use Common Sense
There is no question that truck drivers SHOULD wear sturdy shoes, preferably those that offer protection from toe-squashing falling objects and that have some ankle support for climbing truck steps and walking across hazardous parking lots. Many carriers have policies that require sturdy shoes or boots, and some customers require them for any drivers entering their property.
Oil resistant soles are a must, too, as any driver who has negotiated a fuel island while wearing the wrong shoes can attest. Some types of shoe soles, when exposed to diesel fuel, are as slippery as ice. An enclosed shoe also protects tender skin from oils, chemicals and other nasty things.
Aside from the safety advantages, proper footwear appears more professional and reflects better on both driver and carrier. Despite the obvious advantages of appropriate footwear, drivers are seen every day exiting their cabs wearing flip flops.
Consider the Source
Whenever rumors start flying around about new laws or enforcement activities, always look for the source. Credible reports will tell you where they got the information and, when applicable, what regulations are being added or changed.
For example, regarding the great flip flop debate, one “expert” cited FMCSR 392.2 as a basis for the footwear crackdown. This regulation states, “Every commercial motor vehicle must be operated in accordance with the laws, ordinances, and regulations of the jurisdiction in which it is being operated,” unless the FMCSA rule imposes “a higher standard of care.”
Nowhere does this regulation specifically mention footwear. Can a state, county, city or other jurisdiction have a rule requiring work boots while driving? Of course — and inspecting officers may be obligated to enforce it. But that’s not “DOT,” and it certainly isn’t the nationwide initiative it has been made out to be.
Another thing to look for is the source of the change. Usually, when there’s a change to the regulations, it gets published in the Federal Register. There are quotes from the administrators or politicians who support the change.
Since the FMCSA doesn’t have a footwear regulation and isn’t working to implement one at this time, there are no public supporters. The social media blather about being placed out of service for wearing flip flops can’t point to anything or anyone to substantiate the claim of law enforcement conducting footwear inspections.
Before social media, the C.B. radio was responsible for helping spread rumors up and down the highway. Today, Facebook, Instagram, YouTube and TikTok allow anyone to claim expertise in anything. Success is measured by influence; the more followers attracted, the more valuable the influencer. The accuracy of the message isn’t measured — only the exposure it received.
Information that isn’t supported by references to regulations or other sources should always be checked with credible resources. Here at The Trucker, we have always strived for accuracy and to help our readers stay informed.
In summation:
Yes, the government is working to remove CMV drivers who can’t pass an English language assessment.
Yes, an initiative is underway to restrict CDLs for immigrants on work visas for truck drivers.
But NO, the government is not coming for your flip flops.
Cliff Abbott is an experienced commercial vehicle driver and owner-operator who still holds a CDL in his home state of Alabama. In nearly 40 years in trucking, he’s been an instructor and trainer and has managed safety and recruiting operations for several carriers. Having never lost his love of the road, Cliff has written a book and hundreds of songs and has been writing for The Trucker for more than a decade.
Go back and look at the dot handbook from the early 1980 and you will see that foot wear is described in there and yes flip flops is in there as being illegal to wear
They just quit printing in in the hand book
makes me want to wear flip flops
Carriers themselves should have “Company Regulations” concerning foot wear safety.
I myself believe flip flops to be a dangerous selection for foot wear while driving.
I couldn’t care if the driver wants to wear high heels while he is driving but as soon as he steps out of the truck he should have steel toed shoes on on any company’s property…especially if he goes into the warehouse or yard…its for his own protection as well as any legalities if something were to happen….driving bare feet is illegal
If I’m running short loads where I’m on and off the truck for loading, and unloading I’ll put on all the proper safety gear. But if I’m going cross country and I’ve got a full 11 hour day of driving, then I may just go in my sweats and sandals.
I agree %100
flip flops were never legal, what are you driving a lawn chair , these are the people who need to be removed from power , no comon sense.
truck drivers do whatever they want too do out on the road anymore ! there is nothing professional about the job ! speeding thru construction zones , using wrong lanes , tailgating , using the side of a highway for a 30 min break , no pretrip or post trip inpections and the list of BS goes on and on ! I bin driving for 28 yrs , thinking of wearing a sun dress , high heals , and a wig ! Drag lol
it may not be a law now but I watched a driver get a ticket for improper footwear in Indiana. I’m thinking it was late 90s early 2000s
customers do not approve of flip flops and some have signs banning them and for good reason. closed toed or steel toed are required for flatbed drivers, unfortunately dry van wear what they want most times. companies and customers need ro Crack down on this as it can cause liability issues if dummy gets hurt wearing them. let’s not forget ppl are sue happy.
What a person wears on their feet does NOT determine how they drive smh. You mfs so concerned what another man wear is gay as hell, try judge a person how he drives his truck and that’ll tell you everything about that trucker. It’s plenty of you that wear shoes that has SAP records, moving violations etc then some that wear slides etc…
we really are worried about shoes? we have steering wheel.holders from Pakistan and India China that are running highways around Austin running on visa from Mexico they dont get inspected unless something bad happems!.and they dont pay toll fees
YES! NO MORE FLIP FLOP MAFIA!!!
And think of the diseases one might catch walking across.a truckstop parking lot. Besides nobody wants to.see some ol nasty ass haven’t washed thier feet in 3 days, feet. But, I guess for the overweight drivers who can’t bend down and tie a shoe or slip on a boot. That’s all ya got.
My first 5 years of driving were in the oilfields around Williston, ND.. Oil companies invest millions annually on employee safety training. Steel-toed boots were required, at all times when drilling and fracking – you’ll be grateful at sub-zero temperatures! I wear them OTR all day, everyday. I value my feet and still have all my toes!
most, if not all of us are aware of what element of drivers brought this on. Noone thinks that some cases of bare feet or flip flops are completely repulsive and disgusting, but that said, the FMCSA (as a law enforcement organization) cannot dictate what/not we wear on our bodies, even in some cases of nudism. If they can, it will be a matter of when government from all over can impose the form of sharia law that they craft. The trucking industry is always the test tube dummy institution for the government.
As soon as you step into a shipping and receiving facility or enter a warehouse to inquire about your load you should have your proper PPE that includes steel toed shoes. Why anyone is bothered for What you wear inside your truck or while heading to shower at truck stop.
It’s as simple as that . Rest is the racism..
NO MORE FLIPFLOPS
I’ve probably driven a million miles wearing flip-flops and never had ANY PROBLEMS!
This whole argument comes from the industry dislike of sandal wearing immigrants, when I’m driving down the hwy for hours on end, I do everything I can to be comfortable while doing so, it makes the job easier! When I walk from the truck into a truck stop why would anyone care what kind of shoes I’m wearing?
Now, if I’m standing on a freight dock or any other industrial environment, then yes OSHA rules take over, the rest of the time MIND YOUR OWN F’n BUISNESS! BUT that seems to be the REAL PROBLEM these days, people just can’t seem to do that!