Arkansas law not targeting Canadian truck drivers, CTA says
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 Arkansas1745@cantruck.ca if they experience any issues.
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I thought the took the visa part out for Canadian drivers after the first draft of the bill.
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Mike I agree with you if was in Canada driving truck on a foreign work permit or only spoke French which our second official language. I would not go into that state at this time. I did not see a plan to provide and pay for by the the trucking industry for the truck drivers if and when they get arrested
I can shoe many truck drivers including myself that got medical attention and bills in the U S who the private insurance did not cover
We sure need something like this law here.
I agree with Arkansas 100% if you don’t have proper paperwork or can’t speak English you shouldn’t be out there that should be a north America standard it’s no different than the aviation industry to my knowledge if you can’t speak English you can’t work in that industry unless they’ve changed the rules English is the #1 language in the world
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My son is terribly dyslexic. And my husband tried to convince him to go into trucking (he retired from it). Just like Native Americans and legal immigrants getting swept up by ICE because they are brown. This is going to hurt many people. People can sight read and be completely capable of driving.
Well, in my opinion, and I am speaking as an immigrant to Canada myself, speak the language, or go home. Back when I applied for my immigration permit, the requirement was to being able to speak English, and it was a bonus if you could speak French.
Nowadays, some drivers can barely speak English, and at times it is impossible to have a proper conversation with some of them.
How do these people communicate? This is a safety concern, and if anything highly annoying for the people in law enforcement.
So I fully understand why (at least the language part of) this law came in effect.
If you want to live here, work here, speak the language of the land.
CTA’s comment is not accurate and responsible .
The original bill was to reject Canadian issued CDL, but Arkansas worried about Federal reciprocity law and modified with:” Canadian CDL must have a work permit or visa issued by USA “.
This bill basically eliminates all Canadian drivers passing by Arkansas or pickup and delivery in the state .
Canada should be Punish Arkansas from ban doing business with Arkansas, for example, not buy Arkansas rice, etc.
Hi Leo-at last Americans understand our problems, why don’t we upgrade our Professional driver education like other trades, and end deaths of many Canadians on our highway infrastructure across Canada.
It’s about time! And it’s totsl B.S. in Ontario. I have to jump through hoops renewing my license, after being a driver and owner op for 37 years infraction free yet every time I go in to the drive test centre to do so, I see nothing but immigrants who cannot speak or understsnd English or French (THE TWO OFFICIAL LANGUAGES OF CANADA) arguing with the employees at the counter.
And using Google translator and even “INTERPRETERS” with them in the testing room.
Funny I have to know how to read signs!
Does this sound racist? You betcha. Because according to our government there is a double standard here.
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You are so correct.. Rediculous
Simple, refuse any and all loads to or from that hillbilly state!
Simple answer is avoid Arkansas. This is another idiotic move which seems to be happening on a daily basis in the USA. It is a sad commentary when the government of the country sets out to destroy their closest neighbour and ally and now it is trickling down to the state level!
I would just refuse loads into or out of Arkansas!
There is a Canadian truck driver right now detained in AR. They claim he needs a US work permit.
Born in Canada, working for a Canadian company. Canadian CDL.
He was hauling a legal step deck load from Alberta to Florida.
He was supposed to get a hearing in court last Friday, but that didn’t happen. So he’s supposed to be heard on Monday.
So they are targeting Canadians even though it’s claimed they’re not.
I hope the CTA position is correct, however at this point, we have been unable to receive confirmation in writing that indicates how Arkansas plans to enforce this bill. The bill specifically mentions Canadian drivers in it as not being exempt from the requirement. We are working with the US Embassy, the CVSA and the TCA to try and obtain clarity as to how Arkansas plans to enforce this for Canadian drivers, and what they will accept for documentation if requiring any beyond the normal. Page 3 and 4 of the Arkansas bill is pretty clear that they require a Canadian driver to have a valid work Visa or permit.