The Arkansas legislation targeting illegal truck drivers that was passed earlier this month is not law yet, the president of the Arkansas Trucking Association (ATA) said.
Shannon Samples Newton told TruckNews.com that absent an emergency clause, a law does not go into effect for 90 days after sine die or conclusion of the legislative session, which is May 5. “I believe the law will go into effect on or about Aug. 5,” she said.
She had a message for Canadian carriers worried about hauling freight through, into, and out of the U.S. state. As talks continue through the summer with state law enforcement agencies, she said, “I think we will have guidance that will ease your concerns.”
Arkansas’ Act 604 that went into effect on April 15, focuses on foreign truckers and their documentation. It requires English proficiency among truckers and turns improper documentation into a felony for foreign-domiciled drivers.
The state’s trucking association advocated Bill 1745 that led to the act being passed.
“There have been issues out of Mexico regarding fraudulent licences. We have had multiple instances of that documented here in Arkansas,” Newton said. “The legislation provides protections so that our law enforcement could have a way to verify that any individual that’s presenting a CDL that wasn’t issued in the United States was valid, that that individual was the trained and credentialed individual to be operating a commercial truck in Arkansas.”
The Private Motor Truck Council of Canada has expressed concerns about this legislation which now requires a Canadian driver to have a valid work permit or visa to operate into or through Arkansas.
Providing guidance to law enforcement
Newton said that the ATA is working with law enforcement on what types of documents to accept and to confirm that a CDL that is presented is legitimate. “We have between now and Aug. 5 to give them guidance,” she said.
When asked about the unintended consequences of the legislation, the ATA president said, “The spirit of the law is to make sure that individuals who are operating on Arkansas highways have the proper training and credentials to do so safely.”
When the legislation was passed earlier this month, the Canadian Trucking Alliance said 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. “It is the opinion of our Arkansas Department of Transportation and our attorney general that nothing in this law is in conflict with federal law,” Newton said.
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