The Canadian Trucking Alliance (CTA) has said that an Arkansas law aimed at truck drivers with improper documentation and who are not proficient in English does not target Canadian truckers.
The U.S. state’s Act 604 that went into effect on April 15, focuses on addressing illegal truck drivers, particularly foreigners and their documentation. The law requires English proficiency among truckers and turns improper documentation into a felony for foreign-domiciled drivers.
“The intent of the act is not to target Canadian truck drivers engaged in international commerce; it is to address truck drivers working illegally in the State of Arkansas. Canadian truck drivers are allowed to participate in international commerce,” CTA said in a news release.
The alliance added that it is understood federal pre-emption should apply in this instance where states are prohibited from interfering with interstate or international commerce.
International commerce is not considered work in the U.S. Work in the U.S. would be considered domestic movements, which are not permitted for Canadian drivers and carriers.
PMTC concerned about work permit, visa
However, the Private Motor Truck Council of Canada (PMTC) is concerned about the law which now requires a Canadian driver to have a valid work permit or visa to operate into or through Arkansas.
PMTC president Mike Millian told TruckNews.com, “The information we’ve gotten so far is that a Canadian driver would be required to have a B1 visa to drive through or into the state of Arkansas.”
PMTC reached out to legal counsel across the border and was told “nothing in federal law pre-empts the authority of Arkansas to impose this requirement.”
Punishment for false documents
The Arkansas act will punish foreign-based drivers with improper or false documents. If a driver possesses a valid foreign commercial driving licence but cannot immediately present a valid work permit or work visa, he or she faces Class D felony charges.
Those charges can be downgraded to a Class A misdemeanor if drivers can show they have a valid permit or visa. An invalid foreign CDL will also result in a Class D felony.
English proficiency
The law says that truck drivers must show they can read, write and speak English. Law enforcement will look at four factors to determine if a driver has exhibited English proficiency, including conversing with the general public; understanding highway traffic signs and signals in English; responding to official inquiries; and making entries on reports and records.
Drivers who cannot display English proficiency can be fined $500 for the first offence and $1,000 for all subsequent offences.
Millian said he agrees with the English proficiency part of the law. “You should be able to read and understand English when you’re operating on the highways, considering all the road signs are in English; or English and French in our country.”
The Arkansas law is based loosely on a Texas law that has been on the books for more than two years, which is designed to address truck drivers working illegally in that U.S. state, the CTA noted. Carriers have been asked to contact CTA at [email protected] if they experience any issues.
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