Relating to English language proficiency requirements for commercial drivers and commercial carriers, providing penalties, and making penalties applicable

Under federal law, a person who is operating a commercial motor vehicle (commercial driver) must be able to 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. This bill relates to the enforcement of this federal regulation. The bill requires commercial drivers to have sufficient English language proficiency, makes commercial carriers liable for violations involving commercial drivers that do not have sufficient English language proficiency, and authorizes state patrol officers to inspect a commercial driver to determine whether the driver complies with federal English language proficiency requirements. A commercial carrier who violates the bill is subject to a $100,000 civil penalty for each violation, imposed and collected by the department of transportation (DOT) and deposited in the road use tax fund. Repeat violators are subject to enhanced penalties, including restrictions placed on where a commercial driver is authorized to operate a commercial motor vehicle. A commercial driver may be subject to an out-of-service order for violating the bill.208 for violating the out-of-service order. The bill prohibits inferences from being made based on a commercial driver’s nationality, race, ethnicity, accent, or state of licensure. A person may have standing to bring a private right of action against a commercial carrier who violates the bill, as described in the bill. The DOT is required to adopt rules necessary to implement the bill and must publish a report on enforcement of the bill. By operation of law, it is a simple misdemeanor for a person to do an act forbidden or to fail to perform an act required by the bill. A simple misdemeanor is punishable by confinement for no more than 30 days and a fine of at least $105 but not more than $855.