Transportation Executive Summary: Iowa’s English Language Proficiency Requirement for Commercial Licenses and Permits
Recently, the Iowa legislature adopted and the Governor signed into law Senate File 2426 which addresses the requirement of an English Language Proficiency exam (ELP) for the operators of commercial motor vehicles. This article will review the provisions of the Act.
The Act went into effect July 1, 2026, and will be enforced effective March 1, 2027. The Act requires any commercial driver to prove they can read and speak the English language sufficiently to converse with the general public, understand highway traffic signs and signals in the English language, respond to official inquiries, and make entries on reports and records. Each person who applies for issuance or renewal of a commercial driver’s license or commercial learner’s permit must pass the examination or be placed out of service until they can pass the exam.
Process:
Step one: Inspector informs the driver they need to respond to all questions in English. No tools can be used to facilitate, such as I-Speak cards, cue cards, smart phones, or interpretation services, as they may mask the driver’s ability to communicate in English. If the inspector determines the driver is unable to respond sufficiently in English, there is no need to continue through the rest of the exam. The driver will be denied their license or permit, and the driver is out of service until they pass. The inspector should advise the driver that it is unlawful to operate a commercial vehicle until they have passed the exam. There are no limits to how many times a driver may take the exam, but they may not operate a commercial vehicle until they have passed.
Step two: The inspector will then evaluate the driver’s ability to understand the U.S. highway traffic signs.
Penalties:
A person who violates this Act commits serious misdemeanor with a one-thousand-dollar fine and the court may order imprisonment not to exceed one year. If the driver was issued a commercial license or permit after successfully completing the ELP but does not pass an inspection, the peace officer shall issue an out of service order instead of the criminal penalty.
In addition, the Act further regulates commercial motor carriers. A commercial motor carrier may not employ or hire an independent contractor who is not sufficiently proficient in the English language. A carrier who violates this Act commits a serious misdemeanor punishable as a scheduled violation, with each violation considered a separate offense. In addition to those penalties, the peace officer shall issue an out of service order to the carrier if the following are revealed: (a) the carrier has allowed a person who has not passed the exam to operate a commercial motor vehicle within the last twelve months, (b) that carrier has already been issued an out of service order by another state or the Federal Motor Carrier Safety Administration (FMCSA). The scheduled fine for the carrier is ten thousand dollars per violating driver.
If a driver who has not passed the exam is pulled over, the owner of the commercial motor vehicle shall be notified and may arrange for a commercial driver with sufficient in the English language to take possession of the vehicle. If a commercial vehicle is removed from a highway in response to a violation, the state, local government, and owner of the cargo inside the vehicle are not responsible for any damage from the removal.
Parallel FMCSA Action:
On October 1, 2014, the Federal Motor Carrier Safety Administration published an exception to its regulations for drivers with impaired hearing. This guidance explained that hearing-impaired drivers who can read and write in the English language but do not speak, for whatever reason, would not be considered unqualified under the Act. This guidance remains in effect today.
Second, when performing inspections of drivers in the border commercial zones along the U.S. and Mexico border, violations should be citations in accordance with the policy, but the driver should not be placed out of service.
Third, this policy does not apply to inspections in Puerto Rico, Guam, the Northern Mariana Islands, or American Samoa.
in the media: fatino advises carriers to review compliance now
John F. Fatino participated in an interview by Iowa Public Radio concerning the Act.
John Fatino provided background for this reporting and advises as enforcement begins, motor carriers should review their hiring and compliance practices to understand their obligations under the new law.
For More Information
Contact John F. Fatino for more information at 515-288-6041. Emma R. Dulaney, J.D. candidate, Drake University Law School, assisted in the preparation of these materials.
