States passing English-proficiency regs set up inconsistency

States, apparently fed up with a lack of federal leadership on the enforcement of the English-proficiency standard for truck drivers, are starting to take matters into their own hands.

The Oklahoma Senate passed SB20 on Feb. 26. In its original form, it addressed the use of street-legal utility vehicles to travel on U.S. highways with a posted speed limit of 50 mph or less. After passing the Senate unanimously, the bill moved to the House on Feb. 27.

Once in the House, the bill was referred to the Commerce and Economic Development Oversite Committee, and a proposed committee substitute amendment changed the bill entirely to address the English proficiency of truck drivers. The committee voted to accept the substitute on April 23 and then the next day voted 14-3 to send the bill to the House floor.

What’s in the bill?

There is no longer anything in the bill about utility vehicles traveling on Oklahoma highways. Authored by Sen. Kendal Sacchieri, R-Dist. 43, and Sen. Brian Guthrie, R-Dist. 25, the substituted amendment stripped all of the original language and pivoted to the issues of English proficiency and non-domiciled CDLs.

The language for an English-proficiency standard mirrors the federal regulation in 391.11(b)(2).

The penalty for non-compliance outlined in the bill would be towing and impoundment of the vehicle the individual was driving.

The bill also addresses non-domiciled CDLs issued by states other than Oklahoma.

“A non-domiciled commercial driver’s license or non-domiciled commercial learner’s permit issued by any other state shall not be considered valid authorization to operate a commercial motor vehicle within this state,” the bill states.

There is no penalty outlined in the bill for operating in Oklahoma on a non-domiciled CDL issued by another state. There could be hurdles for this particular section of the legislation depending on any reciprocity agreements accepting out-of-state CDLs or non-domiciled CDLs with other states.

SB20 also seeks to prohibit truckers with B-1 or B-2 visas from operating in the state. Currently, federal regulations allow truck drivers from Mexico to operate cross-border operations with a B-1 visa. The bill proposes up to a $2,000 fine for truckers operating in the state with a B-1 or B-2 visa.

The legislation also prohibits Oklahoma trucking companies from employing or contracting with B-1 and B-2 visa holders. The penalty outlined in the bill would be no more than $5,000.

The next stop for the bill is the House floor for possible debate and a vote.

The threat of inconsistency

Arkansas recently passed English-proficiency standards for CDL holders.

On April 14, the Arkansas governor signed HB1745 into law. Now officially Act 604, the new law requires English proficiency among truck drivers. Drivers not in compliance will face a fine between $500 and $1,000. The new law also makes improper documentation a felony for foreign-domiciled drivers.

Rather than a state-by-state attempt at regulating the English-proficiency standard on truck drivers, the Owner-Operator Independent Drivers Association is calling for nationwide enforcement to return.

“We have a long history of battling the patchwork of state regulations in trucking,” OOIDA Executive Vice President Lewie Pugh said. “English proficiency and its toll on highway safety is a national problem and should be addressed at the federal level. Not only should CVSA immediately put English proficiency back into the out-of-service criteria, but FMCSA should compel law enforcement to abide by those criteria.

“We can’t afford to continue ignoring the situation. It’s not going away.” LL

Associate Editor Tyson Fisher contributed to this report.