What started out as a bill intended to regulate ATVs, minibikes and the sort on Oklahoma roads has been replaced with legislative language tackling non-domiciled CDLs and English proficiency.
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 was offered on April 10. The committee voted to accept the substitute on Wednesday, April 23 and then on Thursday, April 24 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). It requires CDL holders to be able to demonstrate sufficient proficiency to:
- Converse with the general public
- Understand highway traffic signs and signals in the English language
- Respond to official inquiries
- Make entries on reports and records
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.
A patchwork in the works?
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.
Starting in 2005, the Commercial Vehicle Safety Alliance considered non-compliance with the federal English proficiency regulation an out-of-service violation. The problem was that there weren’t a lot of out-of-service orders handed out.
In 2015, OOIDA’s Doug Morris reported to the OOIDA Board of Directors that the English-proficiency regulation, which was then enforced as part of CVSA’s out-of-service criteria, resulted in 101,280 violations in 2014. But only 4,036 of those drivers were placed out of service.
Rather than start issuing more OOS orders, CVSA voted in 2015 to drop enforcement of the English-proficiency regulation from the out-of-service criteria.
OOIDA petitioned CVSA in early March to reinstate the OOS criteria.
CVSA will meet Sunday, April 27 through Thursday, May 1 in New Orleans. Representatives from OOIDA will be participating in the five-day workshop, pressing for the return of out-of-service orders for drivers lacking English proficiency.
Additionally, Rep. Harriet Hageman, R-Wyo., is pressing the Department of Transportation to shore up the English proficiency enforcement guidance.
“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 article.
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