Proposal would set English and work rules for commercial drivers

States would require commercial license and learner’s permit applicants to pass an approved English test. This applies to each person applying for or renewing a commercial driver’s license or learner’s permit. The test would check whether they can read and understand English well enough to drive safely. Federal motor carrier safety officials would set the tests and passing level. They would also set procedures for applicants who use American Sign Language. The test would be required before a license or permit is issued or renewed.

Federal officials would deny registration to certain carriers and update records to help identify carriers evading safety rules. The denial rule applies when an applicant is found to be a carrier that had its registration revoked within the three years before applying. The definition covers carriers and related parties using a new identity or affiliated entity to evade listed safety rules, penalties, enforcement, or insurance consequences. Officials could consider family ties only alongside facts showing shared ownership, management, control, operations, or financing. They could waive disclosure requirements for a truly independent applicant that is not being used to evade federal safety rules. The three-year period is measured back from the date of the registration application.

Federal officials would set immigration and work authorization checks for commercial drivers, and states could issue licenses only to people who meet them. The eligibility rules concern people seeking commercial licenses or permits and people operating commercial motor vehicles. The license information system would show whether a driver meets the requirements, but could not store the underlying immigration documents. A person must be a U.S. citizen, lawful permanent resident, or otherwise federally authorized to work in a job that includes driving a commercial vehicle. The transportation secretary would set a disqualification period for people who fail these requirements. A motor carrier found, after notice and a chance for a hearing, to knowingly employ or contract with an ineligible driver would face a civil fine of at least $25,000 per offense, or at least $100,000 if the conduct caused serious injury or death. The transportation and homeland security secretaries would establish the status-check process as soon as practicable after enactment.

Federal officials would bar certain domestic trips by foreign carriers and drivers, while states would help enforce the rule. The rule covers foreign motor carriers, foreign private carriers, and drivers operating under authority for international transportation. States would help through inspections, reports, access to inspection facilities as allowed by law, and records. The rule does not bar domestic trips expressly allowed by federal law or trips that are incidental to lawful international trade and allowed by federal law. A knowing violation could bring a fine of up to $100,000 per vehicle for each day. After notice and a chance to fix a failure to cooperate, federal officials would withhold 10 percent of certain highway funds from a state found out of compliance. The funds would remain available and return when the state substantially complies. Funding could be withheld in a fiscal year after the first fiscal year that begins after enactment, once a state has had notice and a chance to fix noncompliance.