Present law prohibits an employer from knowingly allowing, permitting, or authorizing an employee to operate a commercial motor vehicle during any of the following periods:  A period in which the employee has a driver license suspended, revoked, or canceled by a state, has lost the privilege to operate a commercial motor vehicle in a state, or has been disqualified from operating a commercial motor vehicle.  A period in which the employee has more than one driver license.  A period in which the driver, or the CMV the employee is driving, or the motor carrier operation, is subject to an out-of-service order.  A period in violation of a federal, state or local law or regulation pertaining to railroad-highway grade crossings. This bill adds as another such period, a period in which the employee is unable to read and speak the English language sufficiently to converse with the general public, to understand highway traffic signs and signals, to respond to official inquiries, and to make entries on reports and records as required by federal law. However, it is not a violation under this provision if an employee, who fails to meet certain hearing standards, but has obtained an exemption from that requirement and is capable of reading and writing in the English language, is unable to speak the English language sufficiently. SUPSENSION OF LICENSE – REINSTATEMENT This bill requires the commissioner of safety to suspend the commercial driver license of a driver who is issued an out-of-service order or is otherwise found to be unable to read and speak the English language sufficiently as described above. However, this provision does not apply if the driver (i) is unable to speak the English language sufficiently, (ii) is capable of reading and writing in the English language, and (iii) presents documentation that the driver fails to meet the hearing standard under federal law and has obtained an exemption from that requirement. This bill provides that a commercial driver license so suspended remains suspended until the driver demonstrates an ability to read and speak the English language sufficiently, as described above, by means of an English language proficiency test administered by the department of safety that meets the requirements of federal law. The commissioner must reinstate a commercial driver license so suspended upon the driver passing such test. The employer of the driver is liable for any fines or fees resulting from the suspension or reinstatement of a license in accordance with this bill. SAFETY RULES AND REGULATIONS Present law requires the department of safety to periodically promulgate such safety rules as the department of safety deems necessary to govern and control the safety operations and safe use of equipment by the following persons and entities:  Each holder of an interstate or intrastate permit.  Any individual, corporation or partnership operating a motor vehicle in commerce which has a gross vehicle weight rating or gross combination weight rating of 10,001 or more pounds, or the motor vehicle is designed to transport more than 15 passengers, including the driver.  Any individual, corporation or partnership operating a motor vehicle of any gross vehicle weight transporting hazardous material. However, this provision does not apply to a motor vehicle transporting nonhazardous materials for farm purposes that does not travel outside the boundaries of this state. Present law authorizes the department of safety to inspect these motor vehicles. If an enforcement officer determines during the course of a safety inspection that a driver is unable to read and speak the English language sufficiently, as described above, then this bill requires the officer to issue an out-of-service order to the driver that also prevents the vehicle from being operated until a substitute driver who is capable of reading and speaking the English language sufficiently, as described above, is present to operate the vehicle in place of the original driver. However, this provision does not apply if the driver (i) is unable to speak the English language sufficiently, (ii) is capable of reading and writing in the English language, and (iii) presents documentation that the driver fails to meet the hearing standard under federal law and has obtained an exemption from that requirement. In addition to the issuance of the out-of-service order, this bill provides that a violation of the above provisions is a Class C misdemeanor, attributable to the employer of the driver, and a citation must be issued to the employer and a fine imposed of $500. However, the employer also remains subject to civil penalties pursuant to federal law. The citation is considered a nonmoving traffic violation, and no points must be added to the driver's record for such a violation.

Statutes affected:
Introduced: 55-50-403, 55-50-405, 65-15-111