Read the full stored bill text
House
File
2477
-
Introduced
HOUSE
FILE
2477
BY
THOMSON
A
BILL
FOR
An
Act
relating
to
English
language
proficiency
requirements
1
for
commercial
drivers
and
commercial
carriers,
providing
2
penalties,
and
making
penalties
applicable.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
LEGISLATIVE
FINDINGS.
1
1.
Iowa
has
a
compelling
interest
in
ensuring
vehicles
and
2
persons
are
safe
on
Iowa
highways.
3
2.
Federal
regulations
requires
persons
operating
a
4
commercial
motor
vehicle
to
possess
sufficient
English
language
5
proficiency
necessary
to
converse
with
the
general
public,
6
understand
traffic
signs
and
signals,
respond
to
official
7
inquiries,
and
make
entries
on
reports
and
records.
8
3.
Iowa
is
empowered
to
enforce
federal
regulations
and
9
has
authority
to
regulate
persons
operating
a
commercial
motor
10
vehicle
in
this
state.
11
4.
Communication
failures
involving
commercial
motor
12
vehicles
contribute
to
collisions,
injuries,
and
fatalities
on
13
Iowa
highways.
14
5.
Enhanced
state
enforcement
mechanisms
serve
Iowa’s
15
legitimate
and
compelling
interest
in
protecting
the
traveling
16
public.
17
6.
These
requirements
apply
neutrally
to
all
persons
18
operating
a
commercial
motor
vehicle
regardless
of
national
19
origin,
ethnicity,
race,
or
state
of
licensure.
20
Sec.
2.
NEW
SECTION
.
321.187B
English
language
proficiency
21
——
commercial
drivers
——
commercial
carriers
——
enforcement.
22
1.
English
language
proficiency.
A
commercial
driver
shall
23
not
operate
a
commercial
motor
vehicle
unless
the
driver
24
is
able
to
demonstrate
proficiency
in
the
English
language
25
sufficient
to
do
all
of
the
following:
26
a.
Understand
and
respond
to
spoken
English
safety
27
instructions.
28
b.
Read
and
comprehend
written
materials
required
under
29
federal
law,
including
vehicle
logs
and
inspection
documents.
30
c.
Demonstrate
comprehension
of
emergency
routing
signs,
31
traffic
signals,
and
highway
advisories.
32
d.
Communicate
essential
safety
information
relevant
to
the
33
operation
of
the
commercial
motor
vehicle.
34
2.
Enhanced
safety
interaction
assessments.
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a.
A
peace
officer
of
the
division
of
state
patrol
of
the
1
department
of
public
safety
is
authorized
to
conduct
structured
2
English
proficiency
interactions
during
commercial
vehicle
3
inspections.
The
peace
officer
may
request
a
commercial
driver
4
to
demonstrate
the
driver’s
proficiency
in
the
English
language
5
with
respect
to
any
of
the
following:
6
(1)
The
commercial
driver’s
ability
to
understand
7
directions
in
English
related
to
commercial
motor
vehicle
8
operation
and
safety.
9
(2)
The
commercial
driver’s
ability
to
comprehend
logbook
10
entries
and
ability
to
make
required
entries.
11
(3)
The
commercial
driver’s
ability
to
respond
to
equipment
12
inspection
questions
requiring
verbal
communication.
13
b.
A
peace
officer
who
requests
a
commercial
driver
to
14
demonstrate
the
driver’s
proficiency
in
the
English
language
15
shall
use
a
standardized,
scripted
assessment
protocol
approved
16
by
the
department.
17
c.
A
peace
officer
shall
advise
a
commercial
driver
of
any
18
adverse
determination.
19
3.
Out-of-service
order.
20
a.
A
commercial
driver
who
fails
to
demonstrate
sufficient
21
proficiency
in
the
English
language
shall
not
operate
22
a
commercial
motor
vehicle
until
the
person
is
able
to
23
demonstrate
sufficient
proficiency
in
the
English
language.
24
A
peace
officer
shall
serve
an
out-of-service
order
to
the
25
driver.
26
b.
A
commercial
driver
may
contest
an
out-of-service
order
27
through
an
administrative
hearing
with
the
department
within
28
thirty
days.
29
4.
Prohibited
inferences.
A
peace
officer
shall
not
30
consider
or
make
an
inference
based
on
a
commercial
driver’s
31
nationality,
ethnicity,
race,
accent,
or
state
that
issued
32
the
driver’s
commercial
driver’s
license.
A
peace
officer’s
33
determination
shall
be
based
solely
on
the
commercial
driver’s
34
English
language
proficiency.
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5.
Commercial
carrier
liability.
1
a.
A
commercial
carrier
who
employs
or
engages
the
services
2
of
a
person
as
a
commercial
driver
who
fails
to
demonstrate
3
sufficient
proficiency
in
the
English
language
is
subject
to
4
a
one
hundred
thousand
dollar
civil
penalty
for
each
time
a
5
driver
fails
to
demonstrate
sufficient
proficiency
in
the
6
English
language,
to
be
imposed
and
collected
by
the
department
7
and
deposited
in
the
road
use
tax
fund.
8
b.
A
commercial
carrier
who
employs
or
engages
the
services
9
of
a
person
as
a
commercial
driver
is
subject
to
enhanced
10
penalties
if
the
carrier
is
fined
under
paragraph
“a”
three
or
11
more
times
in
a
twenty-four-month
period.
In
addition
to
the
12
civil
penalty
imposed,
the
department
may
designate
the
carrier
13
as
a
high-risk
carrier.
14
c.
A
commercial
carrier
may
contest
the
imposition
of
a
15
civil
penalty
through
a
contested
case
proceeding
under
chapter
16
17A
with
the
department
within
thirty
days.
17
6.
High-risk
carrier
designation.
18
a.
A
commercial
carrier
shall
be
designated
as
a
high-risk
19
carrier
upon
any
of
the
following:
20
(1)
Three
or
more
violations
of
this
section
that
involve
21
the
carrier
within
twenty-four
months.
22
(2)
A
pattern
of
employing
or
engaging
the
services
of
23
persons
as
commercial
drivers
who
fail
to
meet
the
federal
24
English
language
proficiency
requirements
under
49
C.F.R.
25
§391.11(b)(2).
26
b.
A
high-risk
carrier
is
subject
to
any
of
the
following:
27
(1)
Increased
inspection
frequency,
including
mandatory
28
inspections
for
all
vehicles.
29
(2)
Denial
of
special
permits
issued
by
the
department,
30
including
hazardous
materials
permits,
oversize
and
overweight
31
permits,
livestock
permits,
and
agricultural-load
permits.
32
(3)
Required
quarterly
safety
and
compliance
plans
filed
33
with
the
department.
34
(4)
Escalating
civil
penalties
for
continued
violations.
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(5)
Potential
permanent
bar
from
Iowa-issued
permits
upon
1
continued
noncompliance.
2
c.
A
commercial
carrier
may
petition
to
be
removed
3
from
high-risk
status
after
twelve
consecutive
months
with
4
no
attributable
violations
if
the
carrier
submits
to
the
5
department
a
compliance
plan
demonstrating
corrective
measures
6
that
is
approved
by
the
department.
7
7.
Winter
operations
communications.
8
a.
The
department
is
authorized
to
declare
winter
emergency
9
conditions
when
the
weather
conditions
then
occurring
may
10
affect
highway
traffic
and
safety.
However,
winter
emergency
11
conditions
shall
not
be
declared
during
a
month
in
which
no
12
snow
has
fallen
in
this
state
during
that
month.
13
b.
During
declared
winter
emergency
conditions,
every
14
commercial
driver
shall
do
all
of
the
following:
15
(1)
Demonstrate
the
driver’s
ability
to
understand
16
advisories
broadcast
by
the
department
in
the
English
language.
17
(2)
Electronically
acknowledge
the
existence
of
winter
18
emergency
conditions
before
entering
affected
interstate
road
19
systems.
20
(3)
Demonstrate
the
driver’s
English
language
comprehension
21
to
understand
emergency
routing
signs
and
verbal
instructions
22
from
enforcement
personnel
that
are
provided
and
given
in
23
English.
24
c.
A
commercial
driver
who
is
unable
to
demonstrate
English
25
comprehension
during
winter
emergency
conditions
may
be
denied
26
entry
to
certain
highway
corridors,
restricted
to
designated
27
routes
with
enhanced
supervision,
or
issued
an
out-of-service
28
order
until
conditions
permit
safe
travel,
as
determined
by
the
29
department.
30
d.
The
department
shall
consider
the
state’s
compelling
31
interest
in
preventing
weather-related
commercial
vehicle
32
crashes
when
determining
the
appropriate
restrictions
to
place
33
on
a
commercial
driver
under
paragraph
“c”
.
34
8.
Inspection
prioritization.
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a.
The
department
may
implement
a
system
to
prioritize
1
inspections
of
commercial
drivers
to
determine
whether
a
driver
2
can
comply
with
subsection
1.
The
system
may
be
implemented
3
at
weigh
stations
and
a
commercial
driver
demonstrating
4
communication
difficulties
during
initial
screening
shall
5
receive
a
mandatory
full
inspection.
6
b.
A
commercial
driver
who
fails
to
demonstrate
compliance
7
with
subsection
1
shall
be
added
to
the
department’s
intrastate
8
enforcement
system
and
commercial
carriers
who
are
attributable
9
to
patterns
of
communication-related
violations
shall
10
receive
higher
inspection
frequency
through
an
inspection
11
prioritization
algorithm.
12
9.
Rebuttable
presumption
of
gross
negligence.
13
a.
In
any
civil
action
for
damages
arising
from
the
14
operation
of
a
commercial
motor
vehicle
within
this
state,
15
proof
that
the
commercial
driver
was
unable
to
comply
with
16
subsection
1,
at
the
time
of
the
accident
or
crash,
constitutes
17
prima
facie
evidence
of
gross
negligence
on
the
part
of
both
18
the
commercial
driver
and
the
commercial
carrier
that
employed
19
or
engaged
the
services
of
the
driver,
if
applicable.
20
b.
A
commercial
driver
or
commercial
carrier
may
rebut
the
21
presumption
by
showing
any
of
the
following:
22
(1)
The
commercial
driver
possessed
sufficient
English
23
proficiency
as
required
by
federal
law.
24
(2)
The
commercial
driver’s
communication
ability
did
not
25
contribute
to
the
accident
or
crash.
26
(3)
The
alleged
injury
resulted
solely
from
causes
27
unrelated
to
the
commercial
driver’s
communication
ability.
28
c.
A
person
shall
not
make
an
inference
based
on
a
29
commercial
driver’s
nationality,
race,
ethnicity,
accent,
30
or
state
of
licensure.
The
presumption
under
paragraph
31
“a”
arises
solely
from
a
commercial
driver’s
demonstrated
32
inability
to
communicate
in
English
in
circumstances
where
33
such
communication
is
required
for
the
safe
operation
of
a
34
commercial
motor
vehicle.
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10.
Private
right
of
action.
1
a.
A
commercial
carrier
operating
in
this
state
shall
ensure
2
that
each
commercial
driver
assigned
to
operate
a
commercial
3
motor
vehicle
in
this
state
possesses
sufficient
English
4
proficiency
required
under
49
C.F.R.
§391.11(b)(2)
and
shall
5
not
request
or
authorize
a
person
to
operate
a
commercial
motor
6
vehicle
if
the
person
does
not
meet
that
requirement.
In
7
addition,
a
commercial
carrier
shall
not
deploy
a
commercial
8
driver
in
this
state
who
cannot
do
any
of
the
following:
9
(1)
Communicate
in
English
for
safety
purposes.
10
(2)
Respond
to
peace
officer
instructions
in
English.
11
(3)
Understand
traffic
signs
in
the
English
language.
12
(4)
Follow
the
department’s
emergency
routing
instructions
13
given
in
the
English
language.
14
b.
Any
person
who
suffers
bodily
injury,
death
of
a
family
15
member,
property
damage,
or
economic
loss
proximately
caused
by
16
a
commercial
carrier’s
violation
of
paragraph
“a”
may
bring
a
17
civil
action
against
the
commercial
carrier.
18
c.
A
person
who
notifies
a
law
enforcement
agency,
prior
to
19
the
event
that
caused
injury
or
economic
loss,
of
a
commercial
20
driver’s
apparent
inability
to
sufficiently
understand
the
21
English
language
under
49
C.F.R.
§391.11(b)(2)
shall
be
22
deemed
to
have
established
prima
facie
evidence
of
all
of
the
23
following:
24
(1)
The
commercial
carrier’s
negligence
in
assigning
the
25
commercial
driver.
26
(2)
The
commercial
carrier’s
knowledge
or
constructive
27
knowledge
of
the
commercial
driver’s
noncompliance.
28
(3)
Causation,
if
the
injury
resulted
from
the
commercial
29
driver’s
miscommunication,
misunderstanding
of
signage,
or
30
failure
to
follow
emergency
instructions.
31
d.
The
private
right
of
action
shall
also
be
available
when
32
all
of
the
following
occurred:
33
(1)
A
person
reported
a
commercial
driver
who
appeared
to
be
34
unable
to
comply
with
49
C.F.R.
§391.11(b)(2).
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(2)
A
peace
officer
or
the
department
issued
an
1
out-of-service
order,
or
a
peace
officer
or
the
department
2
failed
to
act
within
four
hours
despite
credible
evidence
of
3
noncompliance.
4
(3)
The
commercial
carrier
knowingly
or
negligently
5
deployed
a
commercial
driver
who
did
not
comply
with
49
C.F.R.
6
§391.11(b)(2).
7
(4)
The
reporting
individual
suffered
harm,
including
but
8
not
limited
to
being
delayed
or
endangered
by
an
incident
9
involving
the
noncompliant
driver,
property
damage,
business
10
interruption,
delayed
shipment,
personal
injury,
economic
loss
11
from
a
resulting
road
closure,
or
other
demonstrable
harm.
12
e.
If
the
finder
of
fact
determines
that
the
commercial
13
carrier
knew
or,
in
the
exercise
of
reasonable
care,
should
14
have
known
that
a
commercial
driver
was
not
sufficiently
15
proficient
in
the
English
language,
the
plaintiff
is
entitled
16
to
all
of
the
following:
17
(1)
Six
times
the
amount
of
actual
damages.
18
(2)
Reasonable
attorney
fees
and
costs.
19
(3)
Appropriate
injunctive
relief,
including
an
order
20
restricting
the
commercial
carrier
from
deploying
noncompliant
21
drivers
in
this
state.
22
f.
The
motor
carrier
may
rebut
the
presumption
or
avoid
23
enhanced
damages
by
proving
any
of
the
following:
24
(1)
The
commercial
driver
met
federal
English
proficiency
25
requirements.
26
(2)
The
commercial
driver’s
communication
ability
did
not
27
contribute
to
the
incident.
28
(3)
The
incident
resulted
solely
from
causes
unrelated
to
29
the
commercial
driver’s
communication
ability.
30
g.
To
have
standing
to
bring
a
cause
of
action,
a
plaintiff
31
must
demonstrate
actual,
specific,
particularized
harm.
32
Observation
of
a
violation
alone
shall
not
confer
standing.
33
11.
Enhanced
penalties.
The
department
shall
impose
34
enhanced
administrative
penalties
including
an
additional
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civil
penalty
not
to
exceed
one
hundred
thousand
dollars
per
1
violation
to
be
collected
by
the
department
and
deposited
in
2
the
road
use
tax
fund,
and
commercial
carrier
sanctions
against
3
a
culpable
person
for
any
of
the
following:
4
a.
Failure
to
obey
officer
instructions
due
to
demonstrated
5
communication
inability.
6
b.
Ignoring
or
failing
to
comprehend
detour
or
emergency
7
signage.
8
c.
Entering
restricted-weather
corridors
without
9
demonstrated
comprehension
of
warnings.
10
d.
Any
violation
where
communication
failure
contributed
to
11
a
safety
incident.
12
e.
Repeat
violations
or
violations
resulting
in
injury.
13
12.
Enforcement
and
training.
The
department
shall
adopt
14
rules
pursuant
to
chapter
17A
for
all
of
the
following:
15
a.
Standardized,
scripted
English
comprehension
assessment
16
protocols
that
should
be
completed
within
approximately
three
17
minutes
and
structured
as
a
safety
conversation.
18
b.
Training
on
constitutional
limits
and
procedural
19
requirements.
20
c.
Antiprofiling
protections
ensuring
officers
do
not
21
consider
race,
ethnicity,
national
origin,
or
accent
as
factors
22
in
initiating
assessments.
23
d.
Documentation
and
recordkeeping
requirements
for
all
24
enhanced
safety
interaction
assessments.
25
13.
Data
reporting
and
transparency.
The
department
shall
26
publish
an
annual
report
including
all
of
the
following:
27
a.
Total
number
of
enhanced
safety
interaction
assessments
28
conducted.
29
b.
Number
and
rate
of
enhanced
safety
interaction
30
violations.
31
c.
Carrier
violation
patterns
and
high-risk
carrier
32
designations.
33
d.
Safety
outcomes,
including
incidents
involving
factors
34
related
to
communications
and
miscommunications.
35
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e.
Demographic
data
presented
in
an
aggregate,
1
nonidentifying
manner
to
monitor
for
potential
disparate
2
impact.
3
f.
Recommendations
for
program
improvements.
4
EXPLANATION
5
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
6
the
explanation’s
substance
by
the
members
of
the
general
assembly.
7
Under
federal
law,
a
person
who
is
operating
a
commercial
8
motor
vehicle
(commercial
driver)
must
be
able
to
read
and
9
speak
the
English
language
sufficiently
to
converse
with
the
10
general
public,
to
understand
highway
traffic
signs
and
signals
11
in
the
English
language,
to
respond
to
official
inquiries,
and
12
to
make
entries
on
reports
and
records.
13
This
bill
relates
to
the
enforcement
of
this
federal
14
regulation.
The
bill
requires
commercial
drivers
to
have
15
sufficient
English
language
proficiency,
makes
commercial
16
carriers
liable
for
violations
involving
commercial
drivers
17
that
do
not
have
sufficient
English
language
proficiency,
and
18
authorizes
state
patrol
officers
to
inspect
a
commercial
driver
19
to
determine
whether
the
driver
complies
with
federal
English
20
language
proficiency
requirements.
21
A
commercial
carrier
who
violates
the
bill
is
subject
22
to
a
$100,000
civil
penalty
for
each
violation,
imposed
23
and
collected
by
the
department
of
transportation
(DOT)
and
24
deposited
in
the
road
use
tax
fund.
Repeat
violators
are
25
subject
to
enhanced
penalties,
including
restrictions
placed
on
26
where
a
commercial
driver
is
authorized
to
operate
a
commercial
27
motor
vehicle.
A
commercial
driver
may
be
subject
to
an
28
out-of-service
order
for
violating
the
bill.
An
out-of-service
29
order
restricts
a
person’s
authorization
to
operate
a
30
commercial
motor
vehicle
and
carries
additional
penalties
under
31
Code
section
321.208
for
violating
the
out-of-service
order.
32
The
bill
prohibits
inferences
from
being
made
based
on
a
33
commercial
driver’s
nationality,
race,
ethnicity,
accent,
or
34
state
of
licensure.
35
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A
person
may
have
standing
to
bring
a
private
right
of
1
action
against
a
commercial
carrier
who
violates
the
bill,
as
2
described
in
the
bill.
3
The
DOT
is
required
to
adopt
rules
necessary
to
implement
the
4
bill
and
must
publish
a
report
on
enforcement
of
the
bill.
5
By
operation
of
law,
it
is
a
simple
misdemeanor
for
a
person
6
to
do
an
act
forbidden
or
to
fail
to
perform
an
act
required
by
7
the
bill.
A
simple
misdemeanor
is
punishable
by
confinement
8
for
no
more
than
30
days
and
a
fine
of
at
least
$105
but
not
9
more
than
$855.
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