1 Commercial Driver License Qualification Standards; Testing Requirements; English Proficiency. Amend RSA 263:87 to read as follows:

263:87 Commercial Driver License Qualification Standards. No person shall be issued a commercial driver license unless that person is a resident of the state of New Hampshire and has passed a knowledge and skills test for driving a commercial motor vehicle. The knowledge and skills test shall comply with minimum federal standards established by federal regulation, as enumerated in 49 C.F.R. part 383, sub-parts G and A, in addition to other requirements imposed by state law or federal regulation. The tests shall be prescribed and conducted by the department. The department may authorize a person, including an agency of this or another state, an employer, a private driver training facility, or other private institution, or a department, agency, or instrumentality of local government, to administer the skills test in accordance with 49 C.F.R. part 383.

2 New Paragraph; Commercial Licensing; Rulemaking Authority. Amend RSA 263:98 by inserting after paragraph X the following new paragraph:

XI. The procedure and administration of the commercial driver's license examination requirement of obtaining a passing score on both the knowledge and skills tests in English and without the assistance of an interpreter.

3 Applicability of RSA 263:87 as Amended by Section 1.

I. Upon the effective date of this act, the division of motor vehicles shall issue written notice to all commercial driver's licensees who qualified for such license within the past 5 years by:

(a) Passing the knowledge test or the skills test in a language other than English; or

(b) Passing the knowledge test or the skills test with the assistance of an interpreter, unless an interpreter was permitted under a federally mandated exemption pursuant to 49 C.F.R. part 391.

II. The division of motor vehicles will identify individuals who have taken the knowledge test in a non-English language and mail them a letter of written notice to notify them that they have 90 days from the postmarked date on the letter to retake the knowledge test in English. The letter of written notice shall also specify any skills test that the individual shall be required to pass within 90 days of the postmarked date in order to renew their commercial driver's license. The notice shall also state that any individual aggrieved by the department's actions shall be entitled to a due process hearing in accordance with RSA 260:6.

III. Individuals that obtain a passing score on required tests pursuant to paragraph II shall have their commercial driver's license renewed and application fees stated in RSA 263:42 waived. Such commercial driver licenses shall expire on the individual's birth date in the fifth year following the renewal of such license.

IV. Failure to pass a required test within 90 days of receipt of the written notice shall result in the revocation of the individual's commercial driver's license.

4 Effective Date. This act shall take effect 60 days after its passage.

1 Commercial Driver License Qualification Standards; Testing Requirements; English Proficiency. Amend RSA 263:87 to read as follows:

263:87 Commercial Driver License Qualification Standards. No person shall be issued a commercial driver license unless that person is a resident of the state of New Hampshire and has passed a knowledge and skills test for driving a commercial motor vehicle. The knowledge and skills test shall comply with minimum federal standards established by federal regulation, as enumerated in 49 C.F.R. part 383, subparts G and A, in addition to other requirements imposed by state law or federal regulation. The tests shall be prescribed and conducted by the department. Interpreters are prohibited during the administration of both the knowledge and skills tests, with the exception of federally mandated exemptions under 49 C.F.R. part 391. Applicants for a commercial driver's license must be able to understand and respond to verbal commands and instructions in English by a skills test examiner. The knowledge test shall be written and administered in English only. Neither the applicant nor the examiner may communicate in a language other than English during both the knowledge and skills tests. The department may authorize a person, including an agency of this or another state, an employer, a private driver training facility, or other private institution, or a department, agency, or instrumentality of local government, to administer the skills test in accordance with 49 C.F.R. part 383.

2 New Paragraph; Commercial Licensing; Rulemaking Authority. Amend RSA 263:98 by inserting after paragraph X the following new paragraph:

XI. The procedure and administration of the commercial driver's license examination requirement of obtaining a passing score on both the knowledge and skills tests in English and without the assistance of an interpreter.

3 Applicability of RSA 263:87 as Amended by Section 1.

I. Upon the effective date of this act, the division of motor vehicles shall issue written notice to all commercial driver's licensees who qualified for such license within the past 5 years by:

(a) Passing the knowledge test or the skills test in a language other than English; or

(b) Passing the knowledge test or the skills test with the assistance of an interpreter, unless an interpreter was permitted under a federally mandated exemption pursuant to 49 C.F.R. part 391.

II. The division of motor vehicles will identify individuals who have taken the knowledge test in a non-English language and mail them a letter of written notice to notify them that they have 90 days from the postmarked date on the letter to retake the knowledge test in English. The letter of written notice shall also specify any skills test that the individual shall be required to pass within 90 days of the postmarked date in order to renew their commercial driver's license. The notice shall also state that any individual aggrieved by the department's actions shall be entitled to a due process hearing in accordance with RSA 260:6.

III. Individuals that obtain a passing score on required tests pursuant to paragraph II shall have their commercial driver's license renewed and application fees stated in RSA 263:42 waived. Such commercial driver licenses shall expire on the individual's birth date in the fifth year following the renewal of such license.

IV. Failure to pass a required test within 90 days of receipt of the written notice shall result in the revocation of the individual's commercial driver's license.

4 Effective Date. This act shall take effect 60 days after its passage.