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STATE OF IOWA
KIM REYNOLDS
GOVERNOR
May 02, 2026
The Honorable Paul Pate
Secretary of State of Iowa
State Capitol
Des Moines, Iowa 50319
Dear Mr. Secretary,
I hereby transmit:
Senate File 2426, an Act relating to sufficient English language proficiency requirements
for commercial drivers, providing penalties, and including applicability provisions.
The above Senate File is hereby approved on this date.
Sincerely.
Governor of Iowa
cc: Secretary of the Senate
Clerk of the House
STATE CAPITOL DES MOINES, IOWA 50319 515.281.5211 WWW.GOVERNOR.IOWA.GOV
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Senate File 2426
AN ACT
RELATING TO SUFFICIENT ENGLISH LANGUAGE PROFICIENCY
REQUIREMENTS FOR COMMERCIAL DRIVERS, PROVIDING PENALTIES,
AND INCLUDING APPLICABILITY PROVISIONS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
Section 1. Section 321.177, Code 2026, is amended by adding
the following new subsection:
NEW SUBSECTION . 10. To any person to operate a commercial
motor vehicle if the person fails to demonstrate proficiency in
the English language under section 321.187B, subsection 1.
Sec. 2. NEW SECTION . 321.187B English language proficiency
examinations for commercial drivers.
1. a. Except as provided in paragraph "b" , the department
shall examine the English language proficiency of each person
who applies for issuance or renewal of a commercial driver's
license or commercial learner's permit. The examination must
require the person to demonstrate proficiency in the English
language sufficient to meet the requirements of 49 C.F.R.
§391 . 11 (b) ( 2) . The department shall administer the examination
in a computer-based format.
b. The department shall not examine an applicant's
English language proficiency if the applicant submits proof,
as determined by the department, that the applicant is
sufficiently proficient in the English language by having
previously successfully completed the examination required
under paragraph "a".
Senate File 2426, p. 2
c. The department shall deny the issuance or renewal of
a commercial driver's license or commercial learner's permit
unless the person applying for or renewing the license or
permit submits satisfactory proof, as determined by the
department, that the person is sufficiently proficient in
the English language based on successful completion of the
examination required under paragraph "a".
d. An applicant shall not be prohibited from retaking the
examination under paragraph "a", subject to the availability of
the examination as determined by the department.
e. The department may adopt rules pursuant to chapter 17A
to administer this subsection.
2. The department shall not comply with a provision of this
section if compliance would cause the denial of federal funds
or services or otherwise violate federal law. The department
shall comply with federal law to the extent necessary to
prevent the denial of federal funds or services.
Sec. 3. NEW SECTION . 321.449C English language proficiency
— commercial drivers and commercial motor carriers.
1. A person who is not able to demonstrate proficiency in
the English language sufficient to meet the requirements of
49 C.F.R. §391 . 11 (b) ( 2) shall not operate a commercial motor
vehicle .
a. Except as provided in paragraph "b", a person who
violates this subsection commits a serious misdemeanor. The
court shall impose a fine of one thousand dollars and the court
may order imprisonment not to exceed one year.
b. In lieu of the criminal penalty under paragraph "a", a
peace officer shall issue an out-of-service order to a person
who violates this subsection if the person holds an unexpired
commercial driver's license or commercial learner's permit that
was issued by the department after the person successfully
completed the English language proficiency examination under
section 321.187B, subsection 1, paragraph "a".
2. a. A commercial motor carrier shall not employ or
engage the services of a commercial driver, including as an
independent contractor, who is not sufficiently proficient
in the English language in accordance with 49 C.F.R.
§391 . 11 ( b) ( 2 ) . A carrier who violates this subsection commits
Senate File 2426, p. 3
a simple misdemeanor punishable as a scheduled violation under
section 805. 8A, subsection 13, paragraph "Oc". Each person
employed or engaged in violation of this subsection constitutes
a separate offense.
b. (1) In addition to any other penalty, a peace officer
shall issue an out-of-service order to a commercial motor
carrier if an investigation, safety audit, or normal business
activity reveals any of the following:
(a) That the carrier is allowing, or has allowed within
the previous twelve months, a person who is not sufficiently
proficient in the English language in accordance with 49 C.F.R.
§391 . 11 ( b) ( 2 ) to operate a commercial motor vehicle.
(b) That the carrier was issued an out-of-service
order by another state or the federal motor carrier safety
administration for allowing a person who is not sufficiently
proficient in the English language in accordance with 49 C.F.R.
§391. 11(b) (2) to operate a commercial motor vehicle.
(2) An out-of-service order issued under this paragraph
applies only in this state and prohibits the commercial motor
carrier, including an employee or independent contractor of
the carrier, from operating a commercial motor vehicle owned,
leased, or otherwise controlled by the carrier in this state
until the violation has been corrected or the fine has been
paid, as applicable.
3. a. The commercial motor carrier who employed or
engaged the services of a person, including as an independent
contractor, who was operating a commercial motor vehicle in
violation of subsection 1 and the owner of any cargo being
transported in the commercial vehicle shall be notified of
the vehicle's location by the officer who made the stop. The
carrier or owner of the cargo may arrange for another person
who is a commercial driver with sufficient proficiency in the
English language to take possession of the vehicle or transfer
the cargo to another vehicle, as applicable.
b. If a commercial vehicle is removed from a highway in
response to a violation of this section, the state, the local
authority, and the owner of the cargo inside the vehicle shall
not be liable for any damages that result from the removal, or
for any reasonable action to transfer such cargo.
Senate File 2426, p. 4
4. The department of public safety and a person whose
duty includes enforcing this section shall cease all actions
relating to enforcing a provision of this section if enforcing
the provision would cause the denial of federal funds or
services or otherwise violate federal law.
Sec. 4. Section 805. 8A, subsection 13, Code 2026, is amended
by adding the following new paragraph:
NEW PARAGRAPH . Oc. For each violation of section 321.449C,
subsection 2, paragraph "a", the scheduled fine is ten thousand
dollars .
Sec. 5. APPLICABILITY. The section of this Act enacting
section 321.187B applies on and after March 1, 2027, or
the date the department of transportation submits to the
Iowa administrative code editor for publication in the
Iowa administrative bulletin a statement by the director of
transportation that the applicable phase of the department of
transportation's new records system is implemented, whichever
is earlier. The department shall also forward a copy of the
statement to the Iowa Code editor.
AMY SINCLAIR PAT GRASSL
Speaker of /the House President of the Senate
I hereby certify that this bill originated in the Senate and
is known as Senate File 2426, Ninety-first General Assembly.
W. CHARLES SMITHSON
Secr£t/ry Senate
Governor