The Trucking Resurgence continues this week, with Alabama’s Highway Safety and Fairness Act taking effect Thursday, Oct. 1, giving state officers new penalties tied to commercial driver documentation and English proficiency and, in specified circumstances, authority to place a commercial motor vehicle out of service – and in extreme cases, impound the vehicle.
The State Legislature passed Senate Bill 242 last spring, and Gov. Kay Ivey signed the bill into law March 11.
Governor Ivey said at the bill’s signing, “Alabama’s economy is booming, and our hardworking truckers play a vital role in keeping goods moving across our state and across this country. At the same time, Alabama families travel these same highways every single day, and they deserve to know the rules are being enforced.”
ATA President and CEO Mark Colson said the importance of equipping law enforcement with stronger tools to keep Alabama’s roadways safe by removing unsafe drivers from the road.
“Alabama’s law enforcement agency is a national leader in highway safety, and the Highway Safety and Fairness Act will give them additional tools to keep illegal operators off the road,” he said.
“This (law) will save lives and help create a fair and level playing field in Alabama. Most of the solutions to root out bad actors in trucking are being implemented uniformly at the federal level, as outlined in a national action plan called Trucking Resurgence. This (law) is an important state component that aligns with federal law and increases penalties for lawbreakers.”
Last December, trucking leaders from across the country led a plan to clean up the driver pool called the Fight for Fairness: The Trucking Resurgence, which outlines several key areas to clean up trucking’s act. The blueprint’s seven pillars establish a comprehensive strategy to combat fraud and close systemic loopholes within the trucking industry. The plan focuses on securing CDL databases, overhauling safety data systems, tightening cross-border licensing oversight, mandating strict English proficiency, eliminating ELD self-certification, deploying AI for freight fraud detection, and increasing broker financial accountability.
What’s Changing
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Foreign CDL recognition: The law amends Alabama’s recognition of commercial driver’s licenses and permits.
- Drivers using a CDL or learner permit issued by Canada, Mexico or another jurisdiction under a federally recognized waiver or exemption must also have the entry documents required under the federal regulation cited in the act.
- The license must be valid, and the driver cannot be disqualified or subject to an out-of-service order.
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False foreign CDLs: Knowingly presenting a false foreign CDL or learner permit as genuine is a new state offense, classified as a Class D felony.
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Missing entry documents: Knowingly operating with a valid foreign-issued CDL without the required entry documents in immediate possession is also a new offense.
- Classified as a Class D felony
- Allows vehicle impoundment, a $1,000 driver fine and a $2,000 carrier fine
- Reduced to a Class A misdemeanor if the driver shows the documents had been issued at the time of the offense but weren’t immediately available
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English proficiency: Truck drivers must meet the English-language standard in 49 CFR 391.11, a requirement that has been on the books for decades but hasn’t been strictly enforced in recent years.
Stiffer Penalties
For a first state violation, the law permits a driver fine of up to $1,000 and a carrier fine of up to $2,000. It permits impoundment on a first violation if the operator or vehicle is determined to pose a public-safety threat. A second or later violation carries higher potential fines and impoundment.
Those amounts are statutory limits or specified penalties, not evidence that every stop will produce the maximum fine or an impoundment. The law also details towing, storage, lien and freight-retrieval procedures when an officer directs a commercial vehicle to be impounded.
Federal English-proficiency and commercial-driver rules already exist. The Alabama act adds state offenses and remedies; it does not mean every CDL holder must obtain an Alabama license to drive through the state.
What Motor Carriers Should Do
For motor carriers, the practical review is targeted: confirm the license and work-document status of any driver relying on a foreign-issued CDL, make sure dispatch and safety staff understand what documents must be carried, and revisit the company’s response plan if a truck and freight are detained. The enrolled text does not describe a grace period after Oct. 1.
The law’s real-world reach will depend on roadside practice, training and any guidance ALEA issues to officers and carriers.
Until then, fleets should base compliance decisions on the statutory text and seek case-specific legal advice where a driver’s documents or status are uncertain.
