Motor Vehicles

Plain English Breakdown

Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.

Motor Vehicles

If at any time an employee who operates a commercial motor vehicle (CMV) is unable to read and speak English well enough to converse with the general public, understand highway traffic signs and signals, respond to official inquiries, and make entries on reports and records as required by federal regulations, then this bill prohibits employers from knowingly allowing, permitting, or authorizing the employee to operate a CMV in the United States.

What This Bill Does

• If at any time an employee who operates a commercial motor vehicle (CMV) is unable to read and speak English well enough to converse with the general public, understand highway traffic signs and signals, respond to official inquiries, and make entries on reports and records as required by federal regulations, then this bill prohibits employers from knowingly allowing, permitting, or authorizing the employee to operate a CMV in the United States.
• However, it is not a violation if an employee fails to mee t the hearing standard under federal regulations, obtains an exemption from that requirement, and is capable of reading and writing in English, even if they cannot speak English sufficiently for the above-outlined purposes.
• OUT-OF-SERVICE ORDERS If an enforcement officer determines during the course of a safety inspection that a driver is in violation of the above requirements, 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 capable of reading and speaking English sufficiently is present to operate the vehicle in place of the original driver.
• The citation is considered a nonmoving traffic violation and points must not be added to the dr iver's record.

Limits and Unknowns

• This entry is temporarily using official source text because the generated explanation could not be confirmed against the official bill text during the last sync.

Official Summary Text

If at any time an employee who operates a commercial motor vehicle (CMV) is unable to read and speak English well enough to converse with the general public, understand highway traffic signs and signals, respond to official inquiries, and make entries on
reports and records as required by federal regulations, then this bill prohibits employers from knowingly allowing, permitting, or authorizing the employee to operate a CMV in the United States. However, it is not a violation if an employee fails to mee
t
the hearing standard under federal regulations, obtains an exemption from that requirement, and is capable of reading and writing in English, even if they cannot speak English sufficiently for the above-outlined purposes.

OUT-OF-SERVICE ORDERS

If an enforcement officer determines during the course of a safety inspection that a driver is in violation of the above requirements, 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 capable of reading and speaking English sufficiently is present to operate the vehicle in place of the original driver. The citation is considered a nonmoving traffic violation and points must not be added to the
dr
iver's record. In addition to issuance of the out-of-service order, a violation is a Class C misdemeanor attributable to the employer of the driver, and a citation must be issued to the employer, punishable only by a fine of $500. However, the employer
is only subject to civil penalties if the employer allows, requires, permits, or authorizes a driver to operate a CMV and the employer knows or should reasonably know that the driver is subject to an out-of-service order.

CDL SUSPENSIONS

This bill requires the commissioner of safety to suspend the commercial driver license (CDL) of a driver who is issued an out-of-service order or is otherwise found to be unable to read and speak English sufficiently, as outlined above. A suspended CDL
remains suspended until the driver demonstrates an ability to read and speak English sufficiently by means of a test administered by the department of safety and not by a third party. The commissioner must reinstate the CDL when the driver passes the tes
t.

This bill requires the department to develop and administer an English language proficiency test to make sure drivers meet federal requirements to read and speak the English language sufficiently, as outlined above.

This bill provides that the employer of the driver is liable for any fines or fees resulting from the suspension or reinstatement of a CDL.

ON MARCH 19, 2026, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 1748, AS AMENDED.

AMENDMENT #1 makes the following changes:



Removes the provision that prohibits an employer from knowingly authorizing an employee to operate a commercial motor vehicle in the United States during 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. However, it is not a violation if an employee who fails to meet the hearing standard under federal regulations 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.



Removes the provision that provides (i) that a commercial driver license suspended under the bill remains suspended until the driver demonstrates an ability 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 means of a test administered by the department of safety and not by a third party, and (ii) that the commissioner must reinstate a commercial driver license suspended upon the driver passing the test. Instead, this amendment simply provides that a commercial driver license suspended under the bill remains suspended until the driver takes and passes the written commercial driver license test administered in English by the department.



Removes the provision that requires the department to develop and administer an English language proficiency test that meets certain federal regulations.



Removes the provision that provides that the employer of the driver is liable for any fines or fees resulting from the suspension or reinstatement of a commercial driver license in accordance with the bill.



Removes the provisions that provide (i) that, in addition to issuance of the out-of-service order, a violation of the bill is a Class C misdemeanor attributable to the employer of the driver, and a citation must be issued to the employer, punishable only by a fine of $500; (ii) that the employer is subject to civil penalties pursuant to certain federal regulations, and (iii) that the citation is considered a nonmoving traffic violation and points must not be added to the driver's record for a violation.



Provides that the bill takes effect 90 days following transmission of written notification by the commissioner of safety to the executive secretary of the Tennessee Code Commission that either legislation is passed by the United States Congress, or a regulation is promulgated by the United States Department of Transportation, that authorizes state action contemplated by the bill without jeopardizing receipt of federal funds, the public welfare requiring it. The commissioner of safety must notify the executive secretary of the Tennessee Code Commission in writing of the occurrence of such legislation or regulation taking effect only if the commissioner of safety has received written assurances from the Federal Motor Carrier Safety Administration that the state action contemplated by this act will not jeopardize receipt of federal funds to the department of safety or department of transportation.

ON APRIL 20, 2026, THE HOUSE SUBSTITUTED SENATE BILL 1748 FOR HOUSE BILL 1817, ADOPTED AMENDMENT #1, AND PASSED SENATE BILL 1748, AS AMENDED.

AMENDMENT #1 clarifies that a person whose CDL is suspended pursuant to this bill must pass the written commercial driver license test in English in order to have the suspension lifted.

ON APRIL 22, 2026, THE SENATE CONCURRED IN HOUSE AMENDMENT #1.

Current Bill Text

SENATE BILL 1748
By Bowling

HOUSE BILL 1817
By Russell
HB1817
009306
- 1 -

AN ACT to amend Tennessee Code Annotated, Title 55
and Title 65, Chapter 15, relative to commercial
driver licenses.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 55-50-403, is amended by adding
the following as a new subdivision (3) and redesignating the existing subdivisions accordingly:
(3) 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 49 CFR 391.11(b)(2); provided, that it is not a violation under this subdivision
(3) if an employee who fails to meet the hearing standard under 49 CFR 391.41(b)(11)
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;
SECTION 2. Tennessee Code Annotated, Section 55-50-405, is amended by adding
the following as a new subsection:
(j)
(1)
(A) The commissioner shall suspend the commercial driver
license of a driver who is issued an out-of-service order pursuant to § 65-
15-111(g) or is otherwise found to be 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

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inquiries, and to make entries on reports and records as required by 49
CFR 391.11(b)(2).
(B) Subdivision (j)(1)(A) 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 49 CFR 391.41(b)(11) and has
obtained an exemption from that requirement.
(2) A commercial driver license suspended pursuant to subdivision (j)(1)
remains suspended until the driver demonstrates an ability 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 49 CFR 391.11(b)(2) by means of
a test administered by the department of safety and not by a third party. The
commissioner shall reinstate a commercial driver license suspended pursuant to
subdivision (j)(1) upon the driver passing the test described in subdivision (j)(3).
(3) The department shall develop and administer an English language
proficiency test that meets the requirements of 49 CFR 391.11(b)(2).
(4) The employer of the driver is liable for any fines or fees resulting from
the suspension or reinstatement of a commercial driver license in accordance
with this subsection (j).
SECTION 3. Tennessee Code Annotated, Section 65-15-111, is amended by adding
the following as a new subsection:
(g)

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(1) 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 to converse with the general public, to understand highway traffic
signs and signals, to respond to official inquiries, or to make entries on reports
and records as required by 49 CFR 391.11(b)(2), then the officer shall 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 required by 49 CFR 391.11(b)(2), is present to
operate the vehicle in place of the original driver.
(2) Subdivision (g)(1) does not apply if the driver:
(A) Is unable to speak the English language sufficiently;
(B) Is capable of reading and writing in the English language; and
(C) Presents documentation that the driver fails to meet the
hearing standard under 49 CFR 391.41(b)(11) and has obtained an
exemption from that requirement.
(3) In addition to issuance of the out-of-service order, a violation of this
subsection (g) is a Class C misdemeanor attributable to the employer of the
driver, and a citation must be issued to the employer, punishable only by a fine of
five hundred dollars ($500); provided, that the employer is subject to civil
penalties pursuant to 49 CFR 383.53(b)(2). The citation is considered a
nonmoving traffic violation and points must not be added to the driver's record for
a violation of this subsection (g).
SECTION 4. For purposes of promulgating rules and developing the English language
proficiency test, this act takes effect upon becoming a law, the public welfare requiring it. For all
other purposes, this act takes effect January 1, 2027, the public welfare requiring it.