New bill proposes $100K cabotage fines, mandatory English tests for truckers

Barron’s Law would go beyond the Federal Motor Carrier Safety Administration’s recent crackdown on non-domiciled CDLs by putting new requirements on carriers and states and targeting illegal cabotage and so-called chameleon carriers.

The proposal also calls for a pilot program using GPS, electronic logging device data and geofencing at high-volume land ports of entry to identify foreign-domiciled carriers suspected of illegally hauling domestic U.S. freight, according to a detailed description of the legislation obtained by the Dallas Express.

The detailed legislative text had not yet been publicly posted as of Wednesday morning.

Bill named after 8-year-old killed in Texas crash

The legislation is named for Barron Ritchey, an 8-year-old from Pilot Point, Texas, who was killed in April 2023 on Interstate 35 near Hillsboro.

Ritchey was returning home with his mother when a wheel hub and dual tires separated from a tractor-trailer operated by RTD Carriers and struck the family’s SUV, according to a news release from Gill’s office.

Gill’s office identified the truck driver as an immigrant and said his B-1 visa had expired about six months before the crash. The congressman said the legislation is intended to prevent similar deaths by ensuring commercial drivers are lawfully present and proficient in English.

English test would become part of CDL licensing

One of Barron’s Law’s most significant changes would move English-language proficiency testing directly into the CDL licensing process.

Drivers seeking to obtain or renew a CDL would have to pass standardized English-language proficiency assessments approved by FMCSA, according to the detailed bill description reported by the Dallas Express.

Applicants would have to demonstrate the ability to understand road signs and safety instructions, respond to spoken instructions and emergency communications, and complete required logs and reports.

Federal regulations already require interstate commercial drivers to be able to read and speak English sufficiently to communicate with the public, understand highway signs, respond to official inquiries and complete required reports.

FMCSA also strengthened roadside enforcement of the requirement this year. Under agency policy effective April 16, drivers who fail the English-language proficiency assessment generally can be cited and placed out of service, with different out-of-service treatment applying to certain operations within U.S.-Mexico border commercial zones.

Barron’s Law would go further by making a standardized English assessment a condition for obtaining or renewing a CDL rather than relying primarily on roadside enforcement.

Immigration eligibility would become part of CDL records

The legislation would also require CDL applicants to be U.S. citizens, lawful permanent residents or otherwise authorized under federal law to work in employment that includes operating a commercial motor vehicle, according to the Dallas Express description.

States could issue CDLs and commercial learner’s permits only to applicants satisfying those requirements.

Federal CDL records would also contain an indicator showing whether a driver meets immigration and employment-authorization requirements, while prohibiting the underlying immigration documents from being stored in the CDL record.

The proposal follows FMCSA’s tightening of non-domiciled CDL eligibility earlier this year.

A final rule effective March 16 limits eligibility for non-domiciled CDLs and CLPs for foreign-domiciled applicants to individuals in three employment-based nonimmigrant categories: H-2A temporary agricultural workers, H-2B temporary nonagricultural workers and E-2 treaty investors.

FMCSA says no other immigration statuses qualify for a non-domiciled CDL or CLP under the rule.

Carriers could face penalties for using ineligible drivers

Barron’s Law would also place additional responsibility on motor carriers to verify that drivers are legally eligible to operate commercial vehicles.

Carriers that knowingly employ or contract with an operator who is ineligible under federal law would face civil penalties of at least $25,000 per offense, according to the Dallas Express description.

If the conduct results in serious bodily injury or death, the penalty would rise to at least $100,000.

Gill’s office independently confirmed that the legislation would impose enhanced penalties on motor carriers that knowingly use ineligible drivers, although its announcement did not specify the dollar amounts.

Barron’s Law targets chameleon carriers

The legislation would also target so-called chameleon carriers — trucking companies or affiliated entities operating under new identities to evade federal requirements, penalties, enforcement actions or negative compliance histories.

DOT would deny registration to qualifying chameleon carriers whose registrations had been revoked during the preceding three years, according to the Dallas Express.

Knowingly concealing a material relationship or using an affiliated company to evade federal motor carrier safety sanctions could result in fines of up to $25,000, imprisonment for up to one year, or both.

FMCSA already has authority to pursue reincarnated or affiliated carriers that use new identities to avoid federal orders, regulatory requirements, civil penalties or negative compliance histories.

Barron’s Law would add specific statutory penalties and registration restrictions to that existing enforcement framework.

Illegal cabotage could carry $100,000-a-day penalty

The proposal would also dramatically increase the potential consequences for foreign-domiciled carriers caught hauling unauthorized domestic freight.

Mexico-domiciled carriers with authority to operate beyond the U.S.-Mexico border commercial zones can transport international cargo between Mexico and points in the United States, but FMCSA prohibits them from conducting domestic point-to-point operations within the U.S.

Barron’s Law would impose penalties of up to $100,000 per vehicle for each day of a knowing cabotage violation, according to the Dallas Express.

For a foreign carrier operating multiple trucks illegally within the U.S., the penalties could therefore escalate rapidly.

The legislation would also require states to cooperate with federal enforcement efforts. States that fail to comply could potentially lose 10% of certain federal highway funding after receiving notice and an opportunity to correct the violation.

GPS and ELD pilot would look for illegal domestic freight moves

Another provision could have significant implications for cross-border trucking operations.

Barron’s Law would establish a pilot program using GPS, electronic logging and geofencing technology at high-volume land ports of entry to identify unlawful domestic transportation by foreign-domiciled carriers.

The technology could potentially allow federal authorities to determine whether trucks entering the U.S. as part of an international freight movement subsequently engage in unauthorized domestic point-to-point transportation.

The publicly available descriptions do not specify which ports of entry would participate, which carriers would be subject to monitoring, how ELD or GPS information would be obtained, or how long location data would be retained.

Why it matters: “Baron’s Law,” a bill proposing new federal regulations, would go beyond FMCSA’s recent non-domiciled CDL crackdown by targeting carrier hiring practices, cross-border freight operations, chameleon carriers and states responsible for enforcing commercial driver requirements.