LITTLE ROCK, ARKANSAS — An Arkansas-based trucking group is pressing state lawmakers to go beyond last year’s CDL reform law and stop recognizing non-domiciled CDLs issued by any state, arguing that waiting for federal action will take too long and that illegal immigrant drivers are still operating on Arkansas highways.

What Arkansas Already Did

Arkansas passed Act 604 last year, making it the first state in the country to enforce English language proficiency requirements for commercial truck drivers. The law requires CDL holders to have U.S. work authorization, a valid work visa, and demonstrated English proficiency. Rep. R.J. Hawk (R-District 81), who sponsored the bill, says the law is working.

“Since August, when it became law, it has placed 1,251 drivers out of service for not being English proficient, and they have arrested 386 drivers for having fraudulent CDLs,” Hawk said. “That’s exactly what Act 604 was designed for — getting people off the streets that potentially are harmful to Arkansas drivers. It’s working right now.”

However, Hawk acknowledged that the out-of-service enforcement did not come from Act 604 itself. It came from an executive order signed by President Trump in August. Act 604 instituted fines for violations but did not include an out-of-service requirement.

What American Truckers United Wants

American Truckers United, based in North Little Rock, says Act 604 did not go far enough. The group wants Arkansas to stop recognizing non-domiciled CDLs issued in other states, stop accepting B-1 business visas held by many Mexican truck drivers as valid credentials, and fine drivers caught using those credentials while impounding their vehicles.

Co-founder Shannon Everett pointed to a February incident in Saline County where an illegal immigrant with a non-domiciled CDL was caught transporting more than $4 million in drugs as evidence that current law is insufficient.

“If we had a bunch of unvetted, unqualified, untrained truck drivers operating on our highways, then it should be everyone’s priority to get these drivers off of the road,” Everett said. “You still have drivers from Mexico who don’t have MVRs, who don’t have proper drug tests, who don’t have proper training and qualification operating on Arkansas highways.”

Everett also argues that Arkansas does not need to wait for federal action. “States have rights. States have the ability to do more, to go beyond the standards that the federal guidelines show,” Everett said.

Why State Lawmakers Say Their Hands Are Tied

Hawk and other Act 604 supporters say the additional measures ATU wants conflict with federal regulations, particularly NAFTA-related trade agreements governing Mexican commercial drivers.

“We all said we agree with what they’ve said, but the things that they wanted needed to be handled at a federal level because of NAFTA,” Hawk said. “The Attorney General told them that, the chair of transportation told them that.”

ATU’s previous attempt to pass stronger legislation at the state level was shot down for conflicting with federal regulations. Everett points to Oklahoma, where a bill with similar language passed, as proof that states can act independently on the issue.

Interviews courtesy of KATV.

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