SB 1295

                                                  PRINTER'S NO.   1599
                THE GENERAL ASSEMBLY OF PENNSYLVANIA
                   SENATE BILL
                   No. 1295
                                          Session of
                                            2026
INTRODUCED BY J. WARD, BARTOLOTTA, PHILLIPS-HILL, HUTCHINSON,
   LANGERHOLC, STEFANO, MARTIN AND BAKER, APRIL 17, 2026
REFERRED TO TRANSPORTATION, APRIL 17, 2026
                               AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2    Statutes, in commercial drivers, further providing for
3    purpose and construction of chapter, for definitions and for
4    commercial driver's license qualification standards,
5    providing for English proficiency standard, further providing
6    for nonresident CDL, for application for commercial driver's
7    license and for disqualification and providing for annual
8    report; and imposing penalties.
9    The General Assembly of the Commonwealth of Pennsylvania
10 hereby enacts as follows:
11    Section 1.    Section 1602 of Title 75 of the Pennsylvania
12 Consolidated Statutes is amended by adding a subsection to read:
13 § 1602.    Purpose and construction of chapter.
14    * * *
15    (c)    Federal law.--To the extent that this chapter conflicts
16 with Federal law or regulation, the Federal law or regulation
17 shall prevail. Notice of nonapplicability shall be transmitted
18 by the department to the Legislative Reference Bureau for
19 publication in the next available issue of the Pennsylvania
20 Bulletin.
21    Section 2.    Section 1603 of Title 75 is amended by adding
1 definitions to read:
2 § 1603.    Definitions.
3    The following words and phrases when used in this chapter
4 shall have the meanings given to them in this section unless the
5 context clearly indicates otherwise:
6    * * *
7    "Evidence of lawful immigration status."        As defined in 49
8 CFR 383.5 (relating to definitions).
9    * * *
10    "Nondomiciled CDL" or "nondomiciled CLP."        As defined in 49
11 CFR 383.5.
12    * * *
13    Section 3.  Section 1607(a)(3), (6), (7) and (9), (b)(1), (c)
14 (3) and (d)(1) and (5) of Title 75 are amended and subsections
15 (a), (c) and (d) are amended by adding paragraphs to read:
16 § 1607.    Commercial driver's license qualification standards.
17    (a)    Testing.--
18* * *
19(3)   The department may authorize a person, including an
20    agency of this or another state, an employer, a private
21    institution, association or driver training school, or a
22    department, agency or instrumentality of local government to
23    administer the skills test specified by this section,
24    provided:
25(i)    The test is the same as that which would
26otherwise be administered by the department.
27(ii)    The third party has entered into an agreement
28with the department.
29(iii)    The third party administers tests to meet the
30English proficiency standard under section 1607.1
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1      (relating to English proficiency standard).
2      * * *
3      (6)   The department shall provide applicants for
4  commercial driver's licenses with the choice of selecting a
5  knowledge test administered in either a written or an oral
6  format:
7(i)    The department shall administer the knowledge
8      tests in [both the English and Spanish languages] the
9      English language.
10(ii)    An applicant requesting the oral [or Spanish]
11      version of the knowledge test in the English language
12      must schedule for the examination at a testing site
13      authorized by the department.
14[(iii)    The department shall offer alternate testing
15      formats to avoid discrimination against drivers with
16      limited literacy or verbal comprehension skills.]
17(iv)    The alternative of an oral version of the
18      knowledge test in the English language shall not be
19      available to persons seeking a hazardous materials
20      endorsement on a commercial driver's license.
21(v)    The use of interpreters shall not be permitted.
22      (7)   The department shall accept the results of skills
23  tests administered in other states and sent electronically by
24  the other state, provided that the skills test administered
25  meets Federal testing standards and the individual meets the
26  English proficiency standard under section 1607.1.
27      * * *
28      (8.1)     In addition to any other penalty that may be
29  imposed, a person providing false entries on the application
30  for a commercial driver learner's permit or commercial
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1    driver's license or any documentation required for the permit
2    or license shall be, upon conviction, guilty of a misdemeanor
3    of the third degree.
4(9)   [Interpreters shall not be permitted during the
5    administration of the skills test. Neither the commercial
6    driver learner's permit holder nor the test examiner may
7    communicate in a language other than English during the
8    skills test.] The following apply during the administration
9    of the skills test:
10(i)    Interpreters shall not be permitted.
11(ii)    A test examiner shall affirm that the
12commercial driver learner's permit holder meets the
13English proficiency standard under section 1607.1.
14    (b)   Waiver of test.--The department shall waive the skills
15 test specified in this section for a commercial driver's license
16 applicant:
17(1)   Holding a valid Class 2, 3 or 4 license who meets
18    the requirements of Federal regulations and the English
19    proficiency standard under section 1607.1. If permitted by
20    Federal regulation, the department may waive the written test
21    requirement for a commercial driver's license applicant
22    holding a valid Class 2, 3 or 4 license if the applicant
23    meets the English proficiency standard.
24* * *
25    (c)   Limitations on issuance of license.--
26* * *
27(3)   A commercial driver's license or commercial driver
28    learner's permit shall not be issued to a person while the
29    person is subject to a disqualification from driving a
30    commercial motor vehicle or while the person's driver's
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1  license is suspended, revoked or canceled in any state; nor
2  shall a commercial driver's license or commercial driver
3  learner's permit be issued to a person who has a commercial
4  driver's license or commercial driver learner's permit issued
5  by any other state unless the person first surrenders all
6  such licenses and permits, which shall be returned to the
7  issuing state for cancellation.
8* * *
9(5)   A person must complete entry-level driver training
10  consistent with 49 CFR Pt. 380 Subpt. F (relating to entry-
11  level driver training requirements on and after February 7,
12  2022) before taking the knowledge test.
13  (d)   Commercial driver learner's permit.--
14(1)   The department shall issue a commercial driver
15  learner's permit in accordance with section 1505 (relating to
16  learners' permits) if the individual meets the English
17  proficiency standard under section 1607.1.
18* * *
19(5)   An applicant for a commercial driver learner's
20  permit must have a valid driver's license or commercial
21  driver's license issued by the department[.] or any other
22  jurisdiction.
23* * *
24(6.1)   The validity of a commercial driver learner's
25  permit and commercial driver's license, which is also a
26  nondomiciled CLP and nondomiciled CDL, shall not exceed the
27  official expiration date of a person's authorized stay in the
28  United States or expiration date of evidence of lawful
29  immigration status.
30* * *
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1    Section 4.        Title 75 is amended by adding a section to read:
2 § 1607.1.      English proficiency standard.
3    (a)   Requirement.--To operate a commercial motor vehicle in
4 this Commonwealth, an individual must meet the English
5 proficiency standard under subsection (b).
6    (b)   Standard defined.--
7(1)    An individual can read and speak the English
8    language sufficiently to:
9(i)    Converse with the general public.
10(ii)    Understand highway traffic signs and signals in
11the English language.
12(iii)    Respond to official inquiries.
13(iv)    Make entries on reports and records.
14(2)    The applicability of an individual's qualification
15    to speak in the English language shall not apply to hearing-
16    impaired drivers in accordance with Federal regulation.
17    (c)   Offense defined.--An individual who operates a
18 commercial motor vehicle and fails to meet the English
19 proficiency standard under subsection (b) commits a summary
20 offense and, upon conviction, shall be subject to:
21(1)    A fine of $500 for a first offense and a
22    disqualification under section 1611 (relating to
23    disqualification).
24(2)    A fine of $1,000 for a second or subsequent offense
25    and a disqualification under section 1611.
26    (d)   Operating prohibition.--
27(1)    A driver found to be in violation of this section
28    shall be prohibited from operating a commercial motor vehicle
29    within this Commonwealth.
30(2)    If the commercial motor vehicle is owned by an
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1    employer, the employer shall be notified of the location of
2    the commercial motor vehicle involved in a violation.
3(3)   If the vehicle is not towed, the employer may only
4    take possession following presentation of a driver who meets
5    the requirements of this chapter.
6(4)   In coordination with the employer, the cargo owner
7    may be notified and allowed to arrange for the transfer of
8    the cargo to another vehicle with a driver properly licensed
9    to operate the commercial motor vehicle, if applicable.
10    (e)   Seizure of registration plate.--A person authorized to
11 enforce the provisions of this chapter shall seize the
12 registration plate and impound the commercial motor vehicle if
13 the individual is in violation of this section and the owner of
14 the vehicle is the driver. The individual may petition the
15 department for the return of the registration plate and pay a
16 processing fee of $500.
17    (f)   Additional penalties.--
18(1)   An individual convicted under subsection (c) and
19    found to be operating a commercial motor vehicle in this
20    Commonwealth commits a misdemeanor.
21(2)   An individual operating a commercial motor vehicle
22    in this Commonwealth in violation of this section who causes
23    serious bodily injury or death commits a misdemeanor of the
24    third degree.
25    (g)   Employer penalty.--An employer whose driver is convicted
26 under this section shall be subject to a fine of $3,000 for each
27 violation.
28    (h)   Contractor penalty.--A prime contractor whose
29 subcontractor is a driver and convicted under this section shall
30 be subject to a fine of $3,000 for each violation.
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1    Section 5.     Section 1608 of Title 75 is amended to read:
2 § 1608.    [Nonresident] Nondomiciled CDL and CLP.
3    [(a)    Issuance of nonresident CDL.--The department may issue
4 a nonresident CDL to a resident of a foreign jurisdiction. The
5 following apply:
6(1)   The word "nondomiciled" shall appear on the face of
7    the nonresident CDL.
8(2)   An applicant shall surrender any nonresident CDL
9    issued by another state.
10(3)   Prior to issuing a nonresident CDL, the department
11    shall establish the practical capability of revoking,
12    suspending or canceling the nonresident CDL and disqualifying
13    the commercial motor vehicle driving privilege of that
14    person.
15    (b)    Other provisions applicable.--All provisions of this
16 chapter applicable to the commercial driver's license for a
17 resident of this Commonwealth, except the residency requirement,
18 and all provisions of this title applicable to drivers' licenses
19 shall be applicable to a nonresident CDL.
20    (c)    Waiver of testing requirement.--The department may issue
21 a nonresident CDL to a resident of a foreign jurisdiction
22 without requiring additional testing if the driver possesses a
23 valid CDL issued by another state or by the foreign jurisdiction
24 of the driver and the United States Secretary of Transportation
25 has determined that the commercial motor vehicle testing and
26 licensing standards in the foreign jurisdiction meet the testing
27 standards established in Federal regulations.]
28    (a)    Issuance of nondomiciled CDL and CLP.--The department
29 may issue a nondomiciled CDL and nondomiciled CLP to a resident
30 of a foreign jurisdiction. The following apply:
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1      (1)   To be eligible for a nondomiciled CDL and
2  nondomiciled CLP, an applicant domiciled in a foreign
3  jurisdiction shall:
4(i)    Have lawful immigration status in the United
5      States.
6(ii)    Provide evidence of lawful immigration status.
7      (2)   The word "nondomiciled" shall appear on the face of
8  the nondomiciled CDL and nondomiciled CLP.
9      (3)   An applicant shall immediately surrender any
10  nondomiciled CDL or nondomiciled CLP issued by another state
11  to the department.
12      (4)   Prior to issuing a nondomiciled CDL or nondomiciled
13  CLP, the individual must apply for a commercial driver's
14  license under section 1609 (relating to application for
15  commercial driver's license) or commercial driver learner's
16  permit under section 1607(d) (relating to commercial driver's
17  license qualification standards) as determined by the
18  department, provided that the individual meets the English
19  proficiency standard under section 1607.1 (relating to
20  English proficiency standard).
21      (5)   The department may revoke, suspend or cancel the
22  nondomiciled CDL or nondomiciled CLP and disqualify the
23  commercial motor vehicle driving privilege of a person.
24      (6)   Under no circumstance shall the department issue a
25  nondomiciled CDL and nondomiciled CLP with "no name given."
26      (7)   Prior to issuing, transferring, renewing or
27  upgrading a nondomiciled CLP or nondomiciled CDL, the
28  department shall comply with the document verification and
29  retention requirements in 49 CFR 383.73 (relating to state
30  procedures).
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1(8)    Prior to issuing, transferring, renewing or
2    upgrading a nondomiciled CLP or nondomiciled CDL, the
3    department shall query the Systematic Alien Verification for
4    Entitlements system to review the evidence of lawful
5    immigration status of an applicant.
6(9)    If, after issuing, transferring, renewing or
7    upgrading a nondomiciled CLP or nondomiciled CDL, the
8    department receives information from the Federal Government
9    that the applicant no longer has lawful immigration status in
10    the United States, the department shall initiate established
11    department procedures for downgrading the nondomiciled CLP or
12    nondomiciled CDL.
13(10)    The department shall require every nondomiciled CLP
14    or nondomiciled CDL issuance, transfer, renewal or upgrade be
15    conducted in-person only and may not permit issuance,
16    transfer, renewal or upgrade by mail or electronic means
17(11)    The department shall ensure the period of validity
18    of the nondomiciled CDL and nondomiciled CLP does not exceed
19    the official expiration date of the applicant's authorized
20    stay in the United States or expiration date on the
21    applicant's documentation or one year, whichever is sooner.
22    The department may not issue a nondomiciled CDL and
23    nondomiciled CLP with a period of validity longer than one
24    year.
25(12)    The department may not issue a nondomiciled CDL or
26    nondomiciled CLP that is a REAL ID.
27    (b)   Other provisions applicable.--All provisions of this
28 chapter applicable to the commercial driver's license for a
29 resident of this Commonwealth, except the residency requirement
30 unless the evidence of lawful immigration status expires, and
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1 all provisions of this title applicable to drivers' licenses
2 shall be applicable to a nondomiciled CDL or nondomiciled CLP,
3 unless the individual fails to meet the English proficiency
4 standard.
5    (c)     Waiver of testing requirement.--The department may issue
6 a nondomiciled CDL and nondomiciled CLP to a resident of a
7 foreign jurisdiction without requiring additional testing if the
8 United States Secretary of Transportation has determined that
9 the commercial motor vehicle testing and licensing standards in
10 the foreign jurisdiction meet the testing standards established
11 in Federal regulations, unless the individual fails to meet the
12 English proficiency standard.
13    Section 6.     Section 1609(a) of Title 75 is amended by adding
14 paragraphs to read:
15 § 1609.    Application for commercial driver's license.
16    (a)     Contents of application.--The application for a
17 commercial driver's license or commercial driver learner's
18 permit shall include the following:
19* * *
20(6.1)   Evidence of lawful immigration status. The
21    department shall reject any application without evidence of
22    lawful immigration status.
23(6.2)   Self-certification of the applicant's ability to
24    meet the English proficiency standard.
25* * *
26    Section 7.     Section 1611(a) and (j) of Title 75 are amended
27 to read:
28 § 1611.    Disqualification.
29    (a)     First violation of certain offenses.--Upon receipt of a
30 report of conviction, the department shall, in addition to any
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1 other penalties imposed under this title, disqualify any person
2 from driving a commercial motor vehicle or school vehicle for a
3 period of one year for the first violation of:
4(1)   section 3802 (relating to driving under influence of
5    alcohol or controlled substance) or former section 3731,
6    where the person was a commercial driver at the time the
7    violation occurred;
8(2)   section 3742 (relating to accidents involving death
9    or personal injury), where the person was a commercial driver
10    at the time the violation occurred;
11(3)   section 3743 (relating to accidents involving damage
12    to attended vehicle or property), where the person was a
13    commercial driver at the time the violation occurred;
14(4)   section 3745 (relating to accidents involving damage
15    to unattended vehicle or property), where the person was a
16    commercial driver at the time the violation occurred;
17(5)   any felony in the commission of which a court
18    determines a motor vehicle was essentially involved and where
19    the person was a commercial driver at the time the violation
20    occurred, except as described in subsection (e);
21(6)   section 1606(c) (relating to requirement for
22    commercial driver's license); [or]
23(7)   any offense wherein the person caused the death of a
24    person as a result of a motor vehicle accident through the
25    negligent operation of a commercial motor vehicle, including,
26    but not limited to, a violation of 18 Pa.C.S. § 2504
27    (relating to involuntary manslaughter) or a violation of
28    section 3732 (relating to homicide by vehicle)[.]; or
29(8)   section 1607.1 (relating to English proficiency
30    standard).
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1    * * *
2    (j)    Updating driving record.--After disqualifying,
3 suspending, revoking, recalling or canceling a commercial
4 driving privilege, the department shall update its records to
5 reflect that action. After disqualifying, suspending, revoking,
6 recalling or canceling a commercial driving privilege issued by
7 another state, the department shall notify the licensing
8 authority of the state which issued the commercial driver's
9 license or [nonresident commercial driver's license]
10 nondomiciled CDL and nondomiciled CLP. In addition to any other
11 records required or authorized to be kept by the department, the
12 department shall file or make suitable notation in its records
13 thereof all reports of the conviction of any violation, in any
14 motor vehicle, of a State or local traffic control law, except a
15 parking violation, and also for any other report of conviction
16 or report of test refusal that results in disqualification
17 pursuant to this chapter, of a person who was a commercial
18 driver at the time of the violation that are received by the
19 department from any court or administrative body of the
20 Commonwealth, another state or the Federal Government. Such
21 reports or suitable notations may be stored and admitted into
22 evidence by the department as provided in section 1516(b)
23 (relating to department records). Notwithstanding any other
24 provision of law, no record maintained by the department in
25 accordance with the provisions of this subsection may be
26 expunged by order of court.
27    * * *
28    Section 8.    Title 75 is amended by adding a section to read:
29 § 1623.    Annual report.
30    The department shall provide the chairperson and minority
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1 chairperson of the Transportation Committee of the Senate and
2 the chairperson and minority chairperson of the Transportation
3 Committee of the House of Representatives with an annual report
4 that mirrors the Annual Program Review conducted by the Federal
5 Motor Carrier Safety Administration.
6    Section 9.     This act shall take effect as follows:
7(1)   The following provisions shall take effect
8    immediately:
9The amendment of 75 Pa.C.S. § 1607(a)(6).
10This section.
11(2)   The remainder of this act shall take effect in 60
12    days.
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