SB 1748

If at any time an employee who operates a commercial motor vehicle (CMV) is unable to read and speak English well enough to converse with the general public, understand highway traffic signs and signals, respond to official inquiries, and make entries on reports and records as required by federal regulations, then this bill prohibits employers from knowingly allowing, permitting, or authorizing the employee to operate a CMV in the United States. However, it is not a violation if an employee fails to mee t the hearing standard under federal regulations, obtains an exemption from that requirement, and is capable of reading and writing in English, even if they cannot speak English sufficiently for the above-outlined purposes. OUT-OF-SERVICE ORDERS If an enforcement officer determines during the course of a safety inspection that a driver is in violation of the above requirements, then this bill requires the officer to issue an out-of-service order to the driver that also prevents the vehicle from being operated until a substitute driver capable of reading and speaking English sufficiently is present to operate the vehicle in place of the original driver. The citation is considered a nonmoving traffic violation and points must not be added to the dr iver's record. In addition to issuance of the out-of-service order, a violation is a Class C misdemeanor attributable to the employer of the driver, and a citation must be issued to the employer, punishable only by a fine of $500. However, the employer is only subject to civil penalties if the employer allows, requires, permits, or authorizes a driver to operate a CMV and the employer knows or should reasonably know that the driver is subject to an out-of-service order. CDL SUSPENSIONS This bill requires the commissioner of safety to suspend the commercial driver license (CDL) of a driver who is issued an out-of-service order or is otherwise found to be unable to read and speak English sufficiently, as outlined above. A suspended CDL remains suspended until the driver demonstrates an ability to read and speak English sufficiently by means of a test administered by the department of safety and not by a third party. The commissioner must reinstate the CDL when the driver passes the tes t. This bill requires the department to develop and administer an English language proficiency test to make sure drivers meet federal requirements to read and speak the English language sufficiently, as outlined above. This bill provides that the employer of the driver is liable for any fines or fees resulting from the suspension or reinstatement of a CDL. ON MARCH 19, 2026, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 1748, AS AMENDED. AMENDMENT #1 makes the following changes:  Removes the provision that prohibits an employer from knowingly authorizing an employee to operate a commercial motor vehicle in the United States during a period in which the employee is unable to read and speak the English language sufficiently to converse with the general public, to understand highway traffic signs and signals, to respond to official inquiries, and to make entries on reports and records as required. However, it is not a violation if an employee who fails to meet the hearing standard under federal regulations but has obtained an exemption from that requirement and is capable of reading and writing in the English language, is unable to speak the English language sufficiently.  Removes the provision that provides (i) that a commercial driver license suspended under the bill remains suspended until the driver demonstrates an ability to read and speak the English language sufficiently to converse with the general public, to understand highway traffic signs and signals, to respond to official inquiries, and to make entries on reports and records as required by means of a test administered by the department of safety and not by a third party, and (ii) that the commissioner must reinstate a commercial driver license suspended upon the driver passing the test. Instead, this amendment simply provides that a commercial driver license suspended under the bill remains suspended until the driver takes and passes the written commercial driver license test administered in English by the department.  Removes the provision that requires the department to develop and administer an English language proficiency test that meets certain federal regulations.  Removes the provision that provides that the employer of the driver is liable for any fines or fees resulting from the suspension or reinstatement of a commercial driver license in accordance with the bill.  Removes the provisions that provide (i) that, in addition to issuance of the out-of-service order, a violation of the bill is a Class C misdemeanor attributable to the employer of the driver, and a citation must be issued to the employer, punishable only by a fine of $500; (ii) that the employer is subject to civil penalties pursuant to certain federal regulations, and (iii) that the citation is considered a nonmoving traffic violation and points must not be added to the driver's record for a violation.  Provides that the bill takes effect 90 days following transmission of written notification by the commissioner of safety to the executive secretary of the Tennessee Code Commission that either legislation is passed by the United States Congress, or a regulation is promulgated by the United States Department of Transportation, that authorizes state action contemplated by the bill without jeopardizing receipt of federal funds, the public welfare requiring it. The commissioner of safety must notify the executive secretary of the Tennessee Code Commission in writing of the occurrence of such legislation or regulation taking effect only if the commissioner of safety has received written assurances from the Federal Motor Carrier Safety Administration that the state action contemplated by this act will not jeopardize receipt of federal funds to the department of safety or department of transportation. ON APRIL 20, 2026, THE HOUSE SUBSTITUTED SENATE BILL 1748 FOR HOUSE BILL 1817, ADOPTED AMENDMENT #1, AND PASSED SENATE BILL 1748, AS AMENDED. AMENDMENT #1 clarifies that a person whose CDL is suspended pursuant to this bill must pass the written commercial driver license test in English in order to have the suspension lifted. ON APRIL 22, 2026, THE SENATE CONCURRED IN HOUSE AMENDMENT #1.