Relating to sufficient English language proficiency requirements for commercial drivers, and providing penalties

This bill prohibits the department of transportation (DOT) from issuing or renewing a commercial driver’s license (CDL) or commercial learner’s permit (CLP) if the person applying for or renewing the CDL or CLP fails to demonstrate proficiency in the English language, as required in the bill. The bill requires the DOT to examine the English language proficiency of each person who applies for issuance or renewal of a CDL or CLP. The examination must require the person to demonstrate the person is 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, pursuant to federal regulations. The DOT must administer the examination in a computer-based format. The bill does not limit an applicant from retaking the examination, subject to the availability of the examination. A commercial motor carrier is prohibited from employing or engaging the services of a commercial driver, including as an independent contractor, who is not sufficiently proficient in the English language. A carrier who violates this provision is subject to a civil penalty ranging from $3,000 to $10,000 based on the number of violations, to be imposed and collected by the DOT and deposited in the road use tax fund (RUTF). The bill prohibits a person who is not sufficiently proficient in the English language from operating a commercial motor vehicle (CMV). If a person who is not sufficiently proficient in the English language is found to be operating a CMV, the person must exit the CMV and is prohibited from continuing to operate the CMV. _____ and collected by the DOT and deposited in the RUTF. In addition, the person commits a serious misdemeanor. A serious misdemeanor is punishable by confinement for no more than one year and a fine of at least $430 but not more than $2,560. The bill provides notice requirements regarding violations of the bill and provisions for a person who is sufficiently proficient in the English language to take possession of a stopped CMV or transfer the cargo to another CMV. The bill limits liability for damages that result from the tow or impoundment of a CMV if the driver did not possess sufficient English language proficiency. The DOT is prohibited from complying with a provision of the bill if compliance would cause the denial of federal funds or services or otherwise violate federal law.