States Eye ELP Laws for Truckers, With Motor Carrier Fines

Trucks on I-80 in Wyoming (Wyoming Department of Transportation)

State legislators are evaluating new laws requiring English-language proficiency skills for truckers and establishing fines for repeat offenders and companies with convicted drivers.

As the legislative sessions get into gear at the start of the new year, Wyoming, Oklahoma and Missouri have introduced tougher laws against both companies and their drivers if they are unable to read English road signs and speak proficiently.

The Federal Motor Carrier Safety Administration revived English-language proficiency requirements for truckers and stepped up enforcement of out-of-service rules. Yet these new state laws have more teeth in imposing fines and/or jail time for drivers as well as penalties for motor carriers that employ noncompliant drivers. Many states have been conducting enforcement operations to nab ELP violators only to find those taken out of service got back behind the wheel.

If these state bills are enacted, law enforcement officers would be able to more easily identify repeat offenders in their record systems since FMCSA rules require OOS violations to be reported to state motor vehicle departments or state police agencies.

Wyoming

State legislators in the House Transportation, Highways and Military Affairs Committee have sponsored House Bill 32, which requires English proficiency for commercial motor vehicle drivers. Wyoming law enforcement officers have been having dragnets with federal agents to target noncompliant drivers.

The legislation would require commercial vehicle drivers who operate in the state to demonstrate English proficiency. Violators would be fined $1,000 and banned from driving a CMV there until able to prove proficiency.

If a driver is again found operating a CMV while prohibited, a misdemeanor conviction with a $1,000 fine and/or 90 days in prison could be imposed.

The proposed legislation also would specifically authorize any peace officer in Wyoming (besides state Highway Patrol officers) to enforce the law. This means if violators are found avoiding interstates traveled by highway patrol officers and taking rural roads, Wyoming law enforcement officers like sheriff deputies or city police within the entire state could hold illegal drivers accountable.

If the law advances through the Legislature and is enacted by the governor, it would be enforceable starting July 1.

Oklahoma

A similar measure is now before Oklahoma’s 2nd Session of the 60th Legislature after being introduced last year by state Sen. Kendal Sacchieri (R). The state has been cracking down on ELP violations.

Senate Bill 1223 would mandate that CMV operators meet ELP requirements outlined in current law before driving such a vehicle. The first reading of the bill in the state Senate is scheduled for Feb. 2.

Violators would be banned from driving until they demonstrate ELP and face a fine of $3,000 for each violation. Proceeds from the fines would be deposited into the Weigh Station Improvement Revolving Fund.

Prohibited drivers found operating a motor vehicle in Oklahoma would be guilty of a misdemeanor and fined up to $1,000 and/or imprisoned up to 90 days. This type of fine would be deposited in the Trauma Care Assistance Revolving Fund.

After a citation is issued, the carrier would have 12 hours after being notified to pay a $1,000 fine and present a qualified replacement driver or the owner of the cargo will be contacted to arrange a transfer of goods to another vehicle.

The new law would take effect Nov. 1 if passed.

Missouri

House Bill 2741, introduced by Rep. Carolyn Caton (R), modifies commercial driver license requirements for foreign applicants by requiring English-language speaking, reading and comprehension skills.

First-time violators can be found guilty of a Class D misdemeanor punishable by a maximum $500 fine. Convictions for subsequent offenses would be Class B misdemeanors with penalties up to six months in jail and a $1,000 fine.

Companies whose drivers are convicted would be fined $3,000 per violation. The proposed law also says motor carriers would be notified of the location of their vehicles if their driver is found to be in violation of the ELP law. The motor carriers would then have 12 hours to pay the fine and present a compliant driver to take possession of the vehicle.

If the motor carrier cannot either pay the fine or present a capable driver within 12 hours of being notified, the owner of any cargo being transported by the CMV would be notified and allowed to arrange for the transfer of the cargo to another vehicle.

“Neither the state or the owner of such cargo shall be liable for any reasonable action to transfer such cargo,” the bill says.

Driver's License Exams

A requirement that driver’s license examinations in Alabama be administered exclusively in English is contained in House Bill 88, filed in December by Rep. Phillip Pettus (R). It was scheduled to come before the House Public Safety and Homeland Security Committee Jan. 13 for a first reading.

The proposed law would require the Alabama Law Enforcement Agency and third-party testers to administer all examinations for securing a driver’s license exclusively in English. “An applicant may not use a translation dictionary, an electronic device or an interpreter to assist with the administration of the examination,” the bill states. If approved, the law would take effect Oct. 1.

Missouri lawmakers also have before them HB 1798, introduced Jan. 8 by Rep. Bruce Sassmann (R). It would require the written portion of the Missouri driver’s license exams to only be administered in English and without translators allowed for applicants.