States crack down on undocumented truck drivers

Undocumented truck drivers are squarely in lawmakers’ sights across the country.

States are cracking down on who gets a CDL, whether drivers can speak and read English, and how non-domiciled licenses are handled.

Taking Washington’s cue

Last year, Sean Duffy, head of the U.S. Department of Transportation, warned states that they could lose federal funds if they ignored English-only rules. California was singled out.

Late last week, the DOT confirmed that California has started enforcing English-proficiency rules.

Other states have also been warned. If problems with non-domiciled CDLs continue, federal cash could be cut off.

A DOT audit found that more than half of New York’s non-domiciled CDLs were illegally issued. The Empire State now says it will stop issuing CDLs to non-citizens.

Congress is jumping in, too. Lawmakers in the U.S. House and Senate are rolling out bills aimed at the same hot-button issues.

Alabama

The Alabama Senate just drew a hard line on undocumented truck drivers.

SB242 would lock federal rules into state law. Drivers with a CDL from another country must provide valid proof that they legally entered the U.S. to operate in Alabama.

The bill would also bake federal English proficiency rules into state law.

Break the rules? Drivers face $2,000 fines. Carriers get hit with $1,000 fines. Do it again, and the fines double.

Sen. Lance Bell, R-Pell City, said the bill goes after a small group of “bad actors.”

He said Alabama doesn’t need to scrape the bottom of the barrel for truck drivers. He said there are plenty of qualified pros ready to haul freight.

Senators voted to advance the bill to the House.

Arizona

In Arizona, lawmakers are cracking down on fake CDLs.

The House Judiciary Committee voted to advance a bill that would make it a felony to use or carry a fake CDL. Offenders could face up to two years in prison.

Police could also seize the truck and move it toward forfeiture.

Rep. David Livingston, R-Peoria, said HB2345 targets a “very, very small group.”

“It’s undocumented people with illegal licenses. It’s that simple,” Livingston said. “Everybody who is a citizen: no effect at all. Everybody who has a legal CDL: no effect at all.”

If a company knowingly hires an unauthorized truck driver, the truck could be auctioned off. To keep it, the employer would have to pay a penalty equal to the truck’s full market value.

“If an employer does everything reasonable to make sure their employee is licensed properly, a citizen, and all of that, great. I don’t want to penalize that person,” he said. “What I want to penalize are the few bad employers who are knowingly hiring people who are illegal, taking jobs from Americans, and letting these people on the road.”

The bill awaits more House action.

Proof of lawful presence

Another Arizona bill, SB1511, would require truck drivers to show proof of legal status during a traffic stop. Out-of-state or foreign licenses wouldn’t cut it.

If a truck driver can’t show proof, police could impound the truck and its cargo. Both would stay impounded until the ticket and all related charges are cleared.

The truck owner would be stuck paying the impound fees.

Sen. Frank Carroll, R-Sun City West, said the bill is about drawing a line. He cited incidents across the country of truckers who should not be behind the wheel that are causing deadly crashes.

“Arizona cannot afford to wait for another preventable tragedy. This bill is about saving lives and holding everyone on our roads accountable,” Carroll said.

The Senate Military Affairs and Border Security Committee voted to advance the bill for further review.

Georgia

In Georgia, a bill addresses non-citizens with CDLs.

SB442 would automatically revoke a CDL when a visa expires, or after 5 years – whichever comes first. Truck drivers would also have to retake knowledge and skills tests to renew.

Sen. Jason Dickerson, R-Canton, said his goal with the bill is to ensure that everyone driving in the state is doing so lawfully.

“In the last few months, we have seen trucking accidents across the country involving drivers who came here illegally, raising serious concerns about licensing oversight and enforcement,” he said. “SB442 simply ensures that everyone on our roads can drive responsibly and is fully aware of the rules, training requirements and safety standards that come with operating a commercial vehicle.”

Dickerson added that by strengthening safeguards, we can better protect the public and ensure that all commercial drivers are properly qualified to do their jobs.

The bill is in the Senate Public Safety Committee.

Florida

The Florida Senate could soon take up a bill to require police to take undocumented truck drivers into custody and hand them over to immigration officials.

Sen. Don Gaetz, R-Crestview, said his bill treats undocumented drivers as an immediate danger to the public.

“Last August, an illegal alien, who could not understand road signs or traffic laws, and didn’t know how to drive a commercial vehicle, swerved an 18-wheeler into a family’s car. He killed three Floridians. In a separate case, another semi-truck driver in the country illegally killed three other people. And sadly, there are many more cases,” Gaetz said.

Two Senate committees have already approved the bill that calls for trucks driven by undocumented drivers to be impounded. The truck’s owner could face a $50,000 fine.

Any motor carrier tied to an undocumented driver could be barred from operating in Florida. Gaetz said the out-of-service order would remain in place until the fines are paid and the violations are corrected.

“The purpose of the bill is to remove imminent hazards from our highways and to discourage and penalize those who would use illegals to operate commercial vehicles in Florida,” Gaetz said.

S86 would also require truck drivers to hold a valid CDL and read and understand English. They must also be able to communicate with law enforcement.

The bill now awaits more Senate action. LL