Who can drive? States battle over trucking rules and safety

Undocumented truck drivers continue to get attention at statehouses across the country.

Lawmakers are tightening the rules on who can get a CDL. They’re zeroing in on whether drivers meet English-proficiency standards. They are looking at how out-of-state and non-domiciled licenses are being used.

Pennsylvania is among a group of states moving to fix concerns about driver proficiency.

States are also taking action on non-domiciled CDLs. If problems keep piling up, federal funding could be cut.

Undocumented truck drivers are another issue now getting attention.

Tennessee

Tennessee lawmakers passed a bill to bring tougher penalties.

A bill sent to the governor would make it a crime for someone in the country illegally to hold a CDL or drive a truck. It would be a Class A misdemeanor.

“Current law restricts driver licensing eligibility, but does not expressly prohibit the operation of a commercial motor vehicle by a person unlawfully present,” said Sen. Jack Johnson, R-Franklin.

Police would also have to notify federal immigration officials if they arrest someone accused of breaking the law.

Johnson said the state also hasn’t clearly dealt with employer accountability in these cases.

SB1587 would make it a Class A misdemeanor for a company to knowingly let an undocumented person drive a truck.

State officials or employees of any state who issue a CDL to an illegal alien could also be held liable if that truck driver causes personal injury or property damage.

Johnson said the bill does not target customers, brokers, shippers or others. He said they don’t have the power to verify work status.

If signed, the new rules would take effect on July 1.

In California, a similar bill is running into strong pushback.

The bill came after the U.S. DOT warned it could suspend all CDLs issued in the state.

Assemblyman Carl DeMaio, R-San Diego, said the state failed to enforce basic checks. He said thousands of licenses may have been issued without proper verification.

AB1654 would require the DMV to use federal data to confirm legal status before issuing or renewing a CDL.

If a person can’t be verified, they would be denied. If a license is later found to be issued in error, it would be revoked after due process.

“Commercial driver’s licenses are not symbolic documents. They authorize the operation of vehicles that can kill when safeguards fail,” DeMaio said. “This bill fixes a problem Sacramento created and restores common sense to a system that should never have been compromised.”

The Assembly Transportation Committee recently discussed the truck driver bill.

Chair Lori Wilson, D-Suisun City, said the bill goes too far. She argued the federal system isn’t a full database of citizens.

Wilson called the bill “demonizing immigrants.” She added that there’s no need to copy federal rules into state law.

The bill failed to advance, but a request for reconsideration was granted. The procedure delayed a likely inevitable defeat.

Georgia

In Georgia, a bill targeting non-citizen truck drivers came close but fell short.

SB442 would have revoked a CDL when a visa expires, or after five years, whichever comes first.

It would also have required non-citizens to retake written and driving tests when transferring a CDL from another state.

Sen. Jason Dickerson, R-Canton, said the goal was simple: make sure everyone behind the wheel is trained and legally allowed to drive.

He pointed to recent crashes involving undocumented drivers as a warning.

“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,” he said.

Dickerson added that stronger safeguards would better protect the public and ensure truck drivers are qualified.

Both chambers passed the bill, but they couldn’t agree on final changes before the session ended. So, the bill died. LL