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Wyoming officials propose enforcing federal English‑proficiency standard for commercial drivers after patrol places hundreds out of service
Summary
The committee considered LSO173, an English‑proficiency requirement for commercial drivers. Wyoming Highway Patrol told the committee it placed 497 drivers out of service between June 25 and Oct. 15 under federal guidance; YDOT and patrol witnesses urged tying tests to FMCSA guidance and converting civil cargo‑holding penalties to criminal enforcement because the state lacks civil assessment infrastructure.
The Transportation, Highways & Military Affairs Committee opened discussion of bill draft 26 LSO 173, which would require commercial motor vehicle operators to demonstrate English proficiency and impose penalties for violations.
Talise Hanson, staff attorney for LSO, said the draft draws from an Oklahoma statute and proposed definitions of proficiency that require drivers to: converse with the public in English, understand traffic signs and signals, respond to official inquiries, and make entries on reports and records. The draft includes civil and criminal penalties for operators and a $3,000 civil penalty for carriers; it would also authorize officers to have the vehicle held until a qualified operator is presented.
Darren Westby, director of the Wyoming Department of Transportation, and Wyoming Highway Patrol witnesses said they support enforcing federal standards but recommended changes to improve enforceability in Wyoming. Patrol officers said the state lacks a civil‑assessment process and practical resources to sit on vehicles or hold cargo for 12 hours in remote or adverse conditions, especially when perishable goods are involved.
Lieutenant Kyle McKay told the committee the patrol placed 497 drivers out of service under the federal standard (49 CFR 391.11(b)(2)) between June 25 and Oct. 15. Patrol and YDOT officials recommended tying the statute to FMCSA testing guidance (interview questions and sign‑recognition tests) so all peace officers would use uniform procedures and to favor criminal penalties over civil forfeiture or burdensome 12‑hour holds.
Committee members raised practical and jurisdictional questions about cargo delays, perishable items, tribal jurisdiction on reservations and how license revocation would be handled. Witnesses said license suspension or withdrawal would be appropriate for repeat offenders, but that the first offense provisions should align with federal licensing processes.
Members asked YDOT and the Highway Patrol for additional operational data (e.g., distribution across highways and how many inspections arose from targeted enforcement) and asked staff to refine statutory language to make enforcement uniform across law enforcement agencies while minimizing disruption to commerce.
