The recent Arkansas legislation aimed at addressing illegal truck drivers has not yet become law, according to the president of the Arkansas Trucking Association (ATA).
Shannon Samples Newton informed TruckNews.com that without an emergency clause, the law will not take effect until 90 days after the conclusion of the legislative session, which wrapped up on May 5. “I expect the law to come into effect around August 5,” she stated.
She reassured Canadian carriers concerned about transporting freight in and out of Arkansas that ongoing discussions with state law enforcement over the summer will offer clarity. “I believe we will have guidelines that will alleviate your worries,” she added.
Arkansas’ Act 604, which came into effect on April 15, focuses on regulations for foreign truckers and their documentation, mandating English proficiency and making improper documentation a felony for foreign-domiciled drivers.
The state’s trucking association was instrumental in advocating for Bill 1745, which led to the act’s passage.
Newton highlighted concerns regarding fraudulent licenses originating from Mexico, stating, “We have documented several instances of this in Arkansas.” She noted that the legislation aims to ensure law enforcement can verify the authenticity of any CDL presented that was not issued in the U.S.
The Private Motor Truck Council of Canada has raised concerns that the new requirements mandate Canadian drivers to possess a valid work permit or visa to operate in or through Arkansas.
Guidance for Law Enforcement
Newton mentioned that the ATA is collaborating with law enforcement to determine acceptable documentation and validate presented CDLs. “We have until August 5 to provide them with guidance,” she said.
In response to potential unintended consequences of the legislation, Newton emphasized, “The intention of the law is to ensure that anyone driving on Arkansas highways possesses the proper training and credentials for safe operation.”
Following the law’s passage, the Canadian Trucking Alliance stated that federal pre-emption should apply in this scenario, which typically restricts states from interfering with interstate or international commerce.
It is important to note that international commerce does not qualify as “work” within the U.S.; “work” is considered to be domestic movements, which are not allowed for Canadian drivers and carriers. “According to our Arkansas Department of Transportation and our attorney general, nothing in this law conflicts with federal law,” Newton concluded.
