(a) An operator of a commercial motor vehicle must be able to read and speak the English language sufficiently to meet the English language proficiency requirements under 49 C.F.R. § 391.11(b)(2). (b) An individual commits the offense of operating a commercial motor vehicle without sufficient English language proficiency if the individual: (1) Operates a commercial motor vehicle; and (2) Fails to demonstrate proficiency in the English language as required under subsection (a). (c)(1) For a first violation of this section, a person who violates this section is guilty of a traffic violation, which shall be punished by a fine of up to one thousand dollars ($1,000) for the operator, a fine of up to two thousand dollars ($2,000) for the commercial motor carrier, and the impoundment of the commercial motor vehicle if it is determined that the operator or the commercial motor vehicle poses a threat to public safety. (2) A second or subsequent violation of this section shall be punished by a fine of up to two thousand dollars ($2,000) for the operator, a fine of up to four thousand dollars ($4,000) for the commercial motor carrier, and the impoundment of the commercial motor vehicle. (d)(1) The law enforcement officer making the impoundment shall direct an approved towing service to tow the commercial motor vehicle to the garage of the towing service, storage lot, or other place of safety and maintain custody and control of the commercial motor vehicle until the registered owner or authorized agent of the registered owner claims the commercial motor vehicle by paying all reasonable and customary towing and storage fees for the services of the towing company. The commercial motor vehicle shall then be released to the registered owner or an agent of the owner. (2) Any towing service or towing company removing the commercial motor vehicle at the direction of the law enforcement officer in accordance with this section shall have a lien on the commercial motor vehicle for all reasonable and customary fees relating to the towing and storage of the commercial motor vehicle. This lien shall be subject and subordinate to all prior security interests and other liens affecting the commercial motor vehicle whether evidenced on the certificate of title or otherwise. Notice of any sale or other proceedings relative to this lien shall be given to the holders of all prior security interests or other liens by official service of process at least 15 days prior to any sale or other proceedings. (3) Any person in possession of a commercial motor vehicle impounded pursuant to this section shall be subject to the provisions of Chapter 13 of Title 32, relating to the impoundment and sale of abandoned vehicles; Section 32-8-84, relating to the procedures for unclaimed vehicles; and Section 41-27-61, relating to the procedures for freight retrieval of impounded commercial vehicles.
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