H.F. 2477 Section 1. LEGISLATIVE FINDINGS. 1 1. Iowa has a compelling interest in ensuring vehicles and 2 persons are safe on Iowa highways. 3 2. Federal regulations requires persons operating a 4 commercial motor vehicle to possess sufficient English language 5 proficiency necessary to converse with the general public, 6 understand traffic signs and signals, respond to official 7 inquiries, and make entries on reports and records. 8 3. Iowa is empowered to enforce federal regulations and 9 has authority to regulate persons operating a commercial motor 10 vehicle in this state. 11 4. Communication failures involving commercial motor 12 vehicles contribute to collisions, injuries, and fatalities on 13 Iowa highways. 14 5. Enhanced state enforcement mechanisms serve Iowa’s 15 legitimate and compelling interest in protecting the traveling 16 public. 17 6. These requirements apply neutrally to all persons 18 operating a commercial motor vehicle regardless of national 19 origin, ethnicity, race, or state of licensure. 20 Sec. 2. NEW SECTION . 321.187B English language proficiency 21 —— commercial drivers —— commercial carriers —— enforcement. 22 1. English language proficiency. A commercial driver shall 23 not operate a commercial motor vehicle unless the driver 24 is able to demonstrate proficiency in the English language 25 sufficient to do all of the following: 26 a. Understand and respond to spoken English safety 27 instructions. 28 b. Read and comprehend written materials required under 29 federal law, including vehicle logs and inspection documents. 30 c. Demonstrate comprehension of emergency routing signs, 31 traffic signals, and highway advisories. 32 d. Communicate essential safety information relevant to the 33 operation of the commercial motor vehicle. 34 2. Enhanced safety interaction assessments. 35 -1- LSB 6154HH (3) 91 th/ns 1/ 10

H.F. 2477 a. A peace officer of the division of state patrol of the 1 department of public safety is authorized to conduct structured 2 English proficiency interactions during commercial vehicle 3 inspections. The peace officer may request a commercial driver 4 to demonstrate the driver’s proficiency in the English language 5 with respect to any of the following: 6 (1) The commercial driver’s ability to understand 7 directions in English related to commercial motor vehicle 8 operation and safety. 9 (2) The commercial driver’s ability to comprehend logbook 10 entries and ability to make required entries. 11 (3) The commercial driver’s ability to respond to equipment 12 inspection questions requiring verbal communication. 13 b. A peace officer who requests a commercial driver to 14 demonstrate the driver’s proficiency in the English language 15 shall use a standardized, scripted assessment protocol approved 16 by the department. 17 c. A peace officer shall advise a commercial driver of any 18 adverse determination. 19 3. Out-of-service order. 20 a. A commercial driver who fails to demonstrate sufficient 21 proficiency in the English language shall not operate 22 a commercial motor vehicle until the person is able to 23 demonstrate sufficient proficiency in the English language. 24 A peace officer shall serve an out-of-service order to the 25 driver. 26 b. A commercial driver may contest an out-of-service order 27 through an administrative hearing with the department within 28 thirty days. 29 4. Prohibited inferences. A peace officer shall not 30 consider or make an inference based on a commercial driver’s 31 nationality, ethnicity, race, accent, or state that issued 32 the driver’s commercial driver’s license. A peace officer’s 33 determination shall be based solely on the commercial driver’s 34 English language proficiency. 35 -2- LSB 6154HH (3) 91 th/ns 2/ 10

H.F. 2477 5. Commercial carrier liability. 1 a. A commercial carrier who employs or engages the services 2 of a person as a commercial driver who fails to demonstrate 3 sufficient proficiency in the English language is subject to 4 a one hundred thousand dollar civil penalty for each time a 5 driver fails to demonstrate sufficient proficiency in the 6 English language, to be imposed and collected by the department 7 and deposited in the road use tax fund. 8 b. A commercial carrier who employs or engages the services 9 of a person as a commercial driver is subject to enhanced 10 penalties if the carrier is fined under paragraph “a” three or 11 more times in a twenty-four-month period. In addition to the 12 civil penalty imposed, the department may designate the carrier 13 as a high-risk carrier. 14 c. A commercial carrier may contest the imposition of a 15 civil penalty through a contested case proceeding under chapter 16 17A with the department within thirty days. 17 6. High-risk carrier designation. 18 a. A commercial carrier shall be designated as a high-risk 19 carrier upon any of the following: 20 (1) Three or more violations of this section that involve 21 the carrier within twenty-four months. 22 (2) A pattern of employing or engaging the services of 23 persons as commercial drivers who fail to meet the federal 24 English language proficiency requirements under 49 C.F.R. 25 §391.11(b)(2). 26 b. A high-risk carrier is subject to any of the following: 27 (1) Increased inspection frequency, including mandatory 28 inspections for all vehicles. 29 (2) Denial of special permits issued by the department, 30 including hazardous materials permits, oversize and overweight 31 permits, livestock permits, and agricultural-load permits. 32 (3) Required quarterly safety and compliance plans filed 33 with the department. 34 (4) Escalating civil penalties for continued violations. 35 -3- LSB 6154HH (3) 91 th/ns 3/ 10

H.F. 2477 (5) Potential permanent bar from Iowa-issued permits upon 1 continued noncompliance. 2 c. A commercial carrier may petition to be removed 3 from high-risk status after twelve consecutive months with 4 no attributable violations if the carrier submits to the 5 department a compliance plan demonstrating corrective measures 6 that is approved by the department. 7 7. Winter operations communications. 8 a. The department is authorized to declare winter emergency 9 conditions when the weather conditions then occurring may 10 affect highway traffic and safety. However, winter emergency 11 conditions shall not be declared during a month in which no 12 snow has fallen in this state during that month. 13 b. During declared winter emergency conditions, every 14 commercial driver shall do all of the following: 15 (1) Demonstrate the driver’s ability to understand 16 advisories broadcast by the department in the English language. 17 (2) Electronically acknowledge the existence of winter 18 emergency conditions before entering affected interstate road 19 systems. 20 (3) Demonstrate the driver’s English language comprehension 21 to understand emergency routing signs and verbal instructions 22 from enforcement personnel that are provided and given in 23 English. 24 c. A commercial driver who is unable to demonstrate English 25 comprehension during winter emergency conditions may be denied 26 entry to certain highway corridors, restricted to designated 27 routes with enhanced supervision, or issued an out-of-service 28 order until conditions permit safe travel, as determined by the 29 department. 30 d. The department shall consider the state’s compelling 31 interest in preventing weather-related commercial vehicle 32 crashes when determining the appropriate restrictions to place 33 on a commercial driver under paragraph “c” . 34 8. Inspection prioritization. 35 -4- LSB 6154HH (3) 91 th/ns 4/ 10

H.F. 2477 a. The department may implement a system to prioritize 1 inspections of commercial drivers to determine whether a driver 2 can comply with subsection 1. The system may be implemented 3 at weigh stations and a commercial driver demonstrating 4 communication difficulties during initial screening shall 5 receive a mandatory full inspection. 6 b. A commercial driver who fails to demonstrate compliance 7 with subsection 1 shall be added to the department’s intrastate 8 enforcement system and commercial carriers who are attributable 9 to patterns of communication-related violations shall 10 receive higher inspection frequency through an inspection 11 prioritization algorithm. 12 9. Rebuttable presumption of gross negligence. 13 a. In any civil action for damages arising from the 14 operation of a commercial motor vehicle within this state, 15 proof that the commercial driver was unable to comply with 16 subsection 1, at the time of the accident or crash, constitutes 17 prima facie evidence of gross negligence on the part of both 18 the commercial driver and the commercial carrier that employed 19 or engaged the services of the driver, if applicable. 20 b. A commercial driver or commercial carrier may rebut the 21 presumption by showing any of the following: 22 (1) The commercial driver possessed sufficient English 23 proficiency as required by federal law. 24 (2) The commercial driver’s communication ability did not 25 contribute to the accident or crash. 26 (3) The alleged injury resulted solely from causes 27 unrelated to the commercial driver’s communication ability. 28 c. A person shall not make an inference based on a 29 commercial driver’s nationality, race, ethnicity, accent, 30 or state of licensure. The presumption under paragraph 31 “a” arises solely from a commercial driver’s demonstrated 32 inability to communicate in English in circumstances where 33 such communication is required for the safe operation of a 34 commercial motor vehicle. 35 -5- LSB 6154HH (3) 91 th/ns 5/ 10

H.F. 2477 10. Private right of action. 1 a. A commercial carrier operating in this state shall ensure 2 that each commercial driver assigned to operate a commercial 3 motor vehicle in this state possesses sufficient English 4 proficiency required under 49 C.F.R. §391.11(b)(2) and shall 5 not request or authorize a person to operate a commercial motor 6 vehicle if the person does not meet that requirement. In 7 addition, a commercial carrier shall not deploy a commercial 8 driver in this state who cannot do any of the following: 9 (1) Communicate in English for safety purposes. 10 (2) Respond to peace officer instructions in English. 11 (3) Understand traffic signs in the English language. 12 (4) Follow the department’s emergency routing instructions 13 given in the English language. 14 b. Any person who suffers bodily injury, death of a family 15 member, property damage, or economic loss proximately caused by 16 a commercial carrier’s violation of paragraph “a” may bring a 17 civil action against the commercial carrier. 18 c. A person who notifies a law enforcement agency, prior to 19 the event that caused injury or economic loss, of a commercial 20 driver’s apparent inability to sufficiently understand the 21 English language under 49 C.F.R. §391.11(b)(2) shall be 22 deemed to have established prima facie evidence of all of the 23 following: 24 (1) The commercial carrier’s negligence in assigning the 25 commercial driver. 26 (2) The commercial carrier’s knowledge or constructive 27 knowledge of the commercial driver’s noncompliance. 28 (3) Causation, if the injury resulted from the commercial 29 driver’s miscommunication, misunderstanding of signage, or 30 failure to follow emergency instructions. 31 d. The private right of action shall also be available when 32 all of the following occurred: 33 (1) A person reported a commercial driver who appeared to be 34 unable to comply with 49 C.F.R. §391.11(b)(2). 35 -6- LSB 6154HH (3) 91 th/ns 6/ 10

H.F. 2477 (2) A peace officer or the department issued an 1 out-of-service order, or a peace officer or the department 2 failed to act within four hours despite credible evidence of 3 noncompliance. 4 (3) The commercial carrier knowingly or negligently 5 deployed a commercial driver who did not comply with 49 C.F.R. 6 §391.11(b)(2). 7 (4) The reporting individual suffered harm, including but 8 not limited to being delayed or endangered by an incident 9 involving the noncompliant driver, property damage, business 10 interruption, delayed shipment, personal injury, economic loss 11 from a resulting road closure, or other demonstrable harm. 12 e. If the finder of fact determines that the commercial 13 carrier knew or, in the exercise of reasonable care, should 14 have known that a commercial driver was not sufficiently 15 proficient in the English language, the plaintiff is entitled 16 to all of the following: 17 (1) Six times the amount of actual damages. 18 (2) Reasonable attorney fees and costs. 19 (3) Appropriate injunctive relief, including an order 20 restricting the commercial carrier from deploying noncompliant 21 drivers in this state. 22 f. The motor carrier may rebut the presumption or avoid 23 enhanced damages by proving any of the following: 24 (1) The commercial driver met federal English proficiency 25 requirements. 26 (2) The commercial driver’s communication ability did not 27 contribute to the incident. 28 (3) The incident resulted solely from causes unrelated to 29 the commercial driver’s communication ability. 30 g. To have standing to bring a cause of action, a plaintiff 31 must demonstrate actual, specific, particularized harm. 32 Observation of a violation alone shall not confer standing. 33 11. Enhanced penalties. The department shall impose 34 enhanced administrative penalties including an additional 35 -7- LSB 6154HH (3) 91 th/ns 7/ 10

H.F. 2477 civil penalty not to exceed one hundred thousand dollars per 1 violation to be collected by the department and deposited in 2 the road use tax fund, and commercial carrier sanctions against 3 a culpable person for any of the following: 4 a. Failure to obey officer instructions due to demonstrated 5 communication inability. 6 b. Ignoring or failing to comprehend detour or emergency 7 signage. 8 c. Entering restricted-weather corridors without 9 demonstrated comprehension of warnings. 10 d. Any violation where communication failure contributed to 11 a safety incident. 12 e. Repeat violations or violations resulting in injury. 13 12. Enforcement and training. The department shall adopt 14 rules pursuant to chapter 17A for all of the following: 15 a. Standardized, scripted English comprehension assessment 16 protocols that should be completed within approximately three 17 minutes and structured as a safety conversation. 18 b. Training on constitutional limits and procedural 19 requirements. 20 c. Antiprofiling protections ensuring officers do not 21 consider race, ethnicity, national origin, or accent as factors 22 in initiating assessments. 23 d. Documentation and recordkeeping requirements for all 24 enhanced safety interaction assessments. 25 13. Data reporting and transparency. The department shall 26 publish an annual report including all of the following: 27 a. Total number of enhanced safety interaction assessments 28 conducted. 29 b. Number and rate of enhanced safety interaction 30 violations. 31 c. Carrier violation patterns and high-risk carrier 32 designations. 33 d. Safety outcomes, including incidents involving factors 34 related to communications and miscommunications. 35 -8- LSB 6154HH (3) 91 th/ns 8/ 10

H.F. 2477 e. Demographic data presented in an aggregate, 1 nonidentifying manner to monitor for potential disparate 2 impact. 3 f. Recommendations for program improvements. 4 EXPLANATION 5 The inclusion of this explanation does not constitute agreement with 6 the explanation’s substance by the members of the general assembly. 7 Under federal law, a person who is operating a commercial 8 motor vehicle (commercial driver) must be able to read and 9 speak the English language sufficiently to converse with the 10 general public, to understand highway traffic signs and signals 11 in the English language, to respond to official inquiries, and 12 to make entries on reports and records. 13 This bill relates to the enforcement of this federal 14 regulation. The bill requires commercial drivers to have 15 sufficient English language proficiency, makes commercial 16 carriers liable for violations involving commercial drivers 17 that do not have sufficient English language proficiency, and 18 authorizes state patrol officers to inspect a commercial driver 19 to determine whether the driver complies with federal English 20 language proficiency requirements. 21 A commercial carrier who violates the bill is subject 22 to a $100,000 civil penalty for each violation, imposed 23 and collected by the department of transportation (DOT) and 24 deposited in the road use tax fund. Repeat violators are 25 subject to enhanced penalties, including restrictions placed on 26 where a commercial driver is authorized to operate a commercial 27 motor vehicle. A commercial driver may be subject to an 28 out-of-service order for violating the bill. An out-of-service 29 order restricts a person’s authorization to operate a 30 commercial motor vehicle and carries additional penalties under 31 Code section 321.208 for violating the out-of-service order. 32 The bill prohibits inferences from being made based on a 33 commercial driver’s nationality, race, ethnicity, accent, or 34 state of licensure. 35 -9- LSB 6154HH (3) 91 th/ns 9/ 10

H.F. 2477 A person may have standing to bring a private right of 1 action against a commercial carrier who violates the bill, as 2 described in the bill. 3 The DOT is required to adopt rules necessary to implement the 4 bill and must publish a report on enforcement of the bill. 5 By operation of law, it is a simple misdemeanor for a person 6 to do an act forbidden or to fail to perform an act required by 7 the bill. A simple misdemeanor is punishable by confinement 8 for no more than 30 days and a fine of at least $105 but not 9 more than $855. 10 -10- LSB 6154HH (3) 91 th/ns 10/ 10