Senate File 2426 - Reprinted SENATE FILE 2426 BY COMMITTEE ON TRANSPORTATION (SUCCESSOR TO SF 2173) (COMPANION TO LSB 5328HV BY COMMITTEE ON TRANSPORTATION) (As Amended and Passed by the Senate February 25, 2026 ) A BILL FOR An Act relating to sufficient English language proficiency 1 requirements for commercial drivers, providing penalties, 2 and including applicability provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 SF 2426 (4) 91 th/ns/mb
S.F. 2426 Section 1. Section 321.177, Code 2026, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 10. To any person to operate a commercial 3 motor vehicle if the person fails to demonstrate proficiency in 4 the English language under section 321.187B, subsection 1. 5 Sec. 2. NEW SECTION . 321.187B English language proficiency 6 examinations for commercial drivers. 7 1. a. Except as provided in paragraph “b” , the department 8 shall examine the English language proficiency of each person 9 who applies for issuance or renewal of a commercial driver’s 10 license or commercial learner’s permit. The examination must 11 require the person to demonstrate proficiency in the English 12 language sufficient to meet the requirements of 49 C.F.R. 13 §391.11(b)(2). The department shall administer the examination 14 in a computer-based format. 15 b. The department shall not examine an applicant’s 16 English language proficiency if the applicant submits proof, 17 as determined by the department, that the applicant is 18 sufficiently proficient in the English language by having 19 previously successfully completed the examination required 20 under paragraph “a” . 21 c. The department shall deny the issuance or renewal of 22 a commercial driver’s license or commercial learner’s permit 23 unless the person applying for or renewing the license or 24 permit submits satisfactory proof, as determined by the 25 department, that the person is sufficiently proficient in 26 the English language based on successful completion of the 27 examination required under paragraph “a” . 28 d. An applicant shall not be prohibited from retaking the 29 examination under paragraph “a” , subject to the availability of 30 the examination as determined by the department. 31 e. The department may adopt rules pursuant to chapter 17A 32 to administer this subsection. 33 2. The department shall not comply with a provision of this 34 section if compliance would cause the denial of federal funds 35 -1- SF 2426 (4) 91 th/ns/mb 1/ 3
S.F. 2426 or services or otherwise violate federal law. The department 1 shall comply with federal law to the extent necessary to 2 prevent the denial of federal funds or services. 3 Sec. 3. NEW SECTION . 321.449C English language proficiency 4 —— commercial drivers and commercial motor carriers. 5 1. A person who is not able to demonstrate proficiency in 6 the English language sufficient to meet the requirements of 7 49 C.F.R. §391.11(b)(2) shall not operate a commercial motor 8 vehicle. 9 a. Except as provided in paragraph “b” , a person who 10 violates this subsection commits a serious misdemeanor. The 11 court shall impose a fine of one thousand dollars and the court 12 may order imprisonment not to exceed one year. 13 b. In lieu of the criminal penalty under paragraph “a” , a 14 peace officer shall issue an out-of-service order to a person 15 who violates this subsection if the person holds an unexpired 16 commercial driver’s license or commercial learner’s permit that 17 was issued by the department after the person successfully 18 completed the English language proficiency examination under 19 section 321.187B, subsection 1, paragraph “a” . 20 2. A commercial motor carrier shall not employ or engage the 21 services of a commercial driver, including as an independent 22 contractor, who is not sufficiently proficient in the English 23 language in accordance with 49 C.F.R. §391.11(b)(2). A carrier 24 who violates this subsection commits a serious misdemeanor. 25 In addition to any other penalty, a carrier who violates this 26 subsection is subject to a civil penalty to be imposed and 27 collected by the department and deposited in the road use tax 28 fund, as follows: 29 a. Three thousand dollars for a first violation. 30 b. Five thousand dollars for a second violation. 31 c. Ten thousand dollars for a third or subsequent violation. 32 3. a. The commercial motor carrier who employed or 33 engaged the services of a person, including as an independent 34 contractor, who was operating a commercial motor vehicle in 35 -2- SF 2426 (4) 91 th/ns/mb 2/ 3
S.F. 2426 violation of subsection 1 shall be notified of the vehicle’s 1 location by the officer who made the stop, and may arrange for 2 another person, who is a commercial driver with sufficient 3 proficiency in the English language, to take possession of 4 the vehicle. Prior to taking possession of the vehicle, the 5 commercial motor carrier must pay the applicable civil penalty 6 under subsection 2. 7 b. If a commercial motor carrier fails to pay the civil 8 penalty and provide a commercial driver with sufficient 9 proficiency in the English language within twelve hours after 10 notification, the owner of any cargo being transported in the 11 commercial motor vehicle shall be notified by the officer who 12 made the stop and the owner may arrange for the transfer of the 13 cargo to another vehicle. 14 c. If a commercial vehicle is removed from a highway in 15 response to a violation of this section, the state, the local 16 authority, and the owner of the cargo inside the vehicle shall 17 not be liable for any damages that result from the removal, or 18 for any reasonable action to transfer such cargo. 19 4. The department and a person whose duty includes enforcing 20 this section shall cease all actions relating to enforcing a 21 provision of this section if enforcing the provision would 22 cause the denial of federal funds or services or otherwise 23 violate federal law. 24 Sec. 4. APPLICABILITY. The section of this Act enacting 25 section 321.187B applies on and after March 1, 2027, or 26 the date the department of transportation submits to the 27 Iowa administrative code editor for publication in the 28 Iowa administrative bulletin a statement by the director of 29 transportation that the applicable phase of the department of 30 transportation’s new records system is implemented, whichever 31 is earlier. The department shall also forward a copy of the 32 statement to the Iowa Code editor. 33 -3- SF 2426 (4) 91 th/ns/mb 3/ 3