Tennessee lawmakers announced legislation last week that would impose criminal and civil penalties on individuals and companies for the unlawful operation of a commercial motor vehicle (CMV) in the state. Tennessee Senate Bill 1587 (SB 1587) would amend TCA § 55-50-403 by adding misdemeanor charges for those who knowingly allow a person unlawfully present in the United States to operate a CMV in the state. The bill would also create a new section, TCA § 55-50-419, imposing strict liability in accidents caused by persons unlawfully present in the United States operating a CMV in the state. Each state has its own set of laws; in Tennessee, it is the Tennessee Code Annotated (TCA). TCA § 55-50-403 would receive added language making it an offense if a person knowingly allows a person unlawfully present in the United States to operate a CMV in Tennessee. The bill also makes it an offense for a person unlawfully present in the United States to operate a CMV in Tennessee. Violations of these provisions are Class A misdemeanors, applying to both the person who knowingly allowed the operation and the person unlawfully operating the CMV. Additionally, if a law enforcement officer arrests a person for unlawfully operating a CMV, the officer’s agency must ensure that federal immigration authorities are notified. SB1587Download Codifying this notification requirement into law is notable. Many law enforcement agencies have standing policies regarding Immigration and Customs Enforcement (ICE) detainers, but some departments may choose not to notify ICE and allow the…
