Arkansas enacts new English proficiency law

On April 14, 2025, Arkansas passed Act 604 into law, a sweeping piece of legislation that reshapes the landscape for commercial driver’s license holders operating within the state. The law introduces rigorous requirements aimed at ensuring safety and compliance on Arkansas highways. It mandates that drivers with foreign commercial driver’s licenses possess valid U.S. work authorization, demonstrate proficiency in the English language, and face stiff penalties for presenting fraudulent licenses. For interstate drivers governed by the Federal Motor Carrier Safety Regulations (FMCSRs), Act 604 presents a new set of challenges, particularly when passing through Arkansas. This article explores the nuances of the law, its implications for interstate truckers, and how it aligns with existing FMCSR English proficiency standards, which have been shaped over time by the Commercial Vehicle Safety Alliance (CVSA) and related federal guidance.

The Heart of Act 604: New Rules for Arkansas Roads

Act 604 amends Arkansas Code Title 27, Chapter 23, carving out a new subchapter dedicated to offenses and penalties while updating reciprocity rules for commercial drivers. At its core, the law seeks to tighten oversight of who can operate commercial motor vehicles (CMVs) in the state. It introduces a trio of requirements that carry significant consequences for non-compliance. First, drivers holding commercial driver’s licenses issued by foreign governments, such as Canada or Mexico, must carry a valid Employment Authorization Document (EAD), also known as a Form I-766 work permit, or a valid work visa while operating in Arkansas. Failure to have this documentation in immediate possession is classified as a Class D felony, a serious charge that could lead to up to seven years in prison and substantial fines. However, if a driver can later prove they held valid authorization at the time of the offense, the charge is reduced to a Class A misdemeanor, which still carries the possibility of a year in jail and a $2,500 fine.

The second pillar of Act 604 focuses on English language proficiency. The law mandates that all CMV operators in Arkansas must read and speak English well enough to engage in conversations with the public, comprehend highway signs and signals, respond to inquiries from law enforcement or inspectors, and complete necessary reports and records. Falling short of this standard is considered a violation, not a criminal offense, but it comes with financial penalties: a first offense incurs a fine of up to $500, while subsequent offenses double that amount to $1,000. This requirement underscores the importance of clear communication, a cornerstone of safe and compliant trucking operations.

Finally, Act 604 takes aim at fraudulent documentation by creating a new offense for presenting a false foreign commercial driver’s license. Knowingly using or displaying a forged public record, such as a fake CDL, with the intent to pass it off as genuine is a Class D felony. This provision reflects Arkansas’s commitment to rooting out fraud and ensuring that only legitimate credentials are used on its roads. The law also revises reciprocity rules, clarifying that drivers with foreign CDLs recognized by the Federal Motor Carrier Safety Administration (FMCSA) may operate in Arkansas only if they also possess valid work authorization and are free from suspensions, revocations, or out-of-service orders.

Interstate Drivers: A New Layer of Compliance

For truckers crossing state lines under the FMCSRs, Act 604 introduces a complex layer of compliance that demands attention. The FMCSRs, administered by the FMCSA, set the federal baseline for CMV operations across the U.S., and states like Arkansas must align their regulations with these standards to secure Motor Carrier Safety Assistance Program (MCSAP) funding. Yet, states retain the authority to impose additional rules, and Act 604 exercises that power in ways that could catch interstate drivers off guard.

Imagine a Canadian driver, hauling freight from Ontario to Texas, passing through Arkansas with a valid CDL recognized under international agreements. Under the new Arkansas law, that driver must now carry a valid EAD or work visa in their pocket, ready to present during a roadside inspection or traffic stop. Without it, they risk a felony charge, a scenario that could derail their trip, their career, and their employer’s schedule.

The requirement to have work authorization “in immediate possession” adds a layer of scrutiny that goes beyond federal standards. While the FMCSRs recognize foreign CDLs under specific conditions, they do not explicitly mandate carrying immigration documents, as compliance with U.S. work eligibility falls under the purview of U.S. Citizenship and Immigration Services (USCIS). Arkansas’s law thus creates a state-specific hurdle, one that could lead to inconsistent enforcement across state lines. For carriers employing foreign drivers, this means updating hiring and compliance protocols to ensure drivers are equipped with the right documents when routed through Arkansas. The stakes are high: a single oversight could result in a driver’s arrest, vehicle impoundment, or costly delays that ripple through supply chains.

English proficiency, another cornerstone of Act 604, poses its own challenges for interstate drivers. The law’s requirement mirrors the FMCSRs, which also demand that drivers speak and read English well enough to perform their duties. However, Arkansas’s decision to enforce this with specific criteria—conversing with the public, understanding signs, responding to inquiries—means inspectors may actively test drivers’ language skills during roadside checks. Picture a Mexican driver, fluent in Spanish but with limited English, struggling to answer an inspector’s questions about their logbook. A violation could result in a $500 fine, or $1,000 for a repeat offense, adding unexpected costs to a carrier’s bottom line. While these fines are not criminal, they signal Arkansas’s intent to prioritize clear communication, a factor that can make or break safety on the highway.

The prohibition on false foreign CDLs, while less likely to affect compliant interstate drivers, heightens the importance of verifiable credentials. Inspectors in Arkansas may scrutinize foreign licenses more closely, looking for signs of tampering or fraud. For legitimate drivers, this means ensuring their CDLs are up to date and easily validated, avoiding any suspicion that could lead to a felony charge. The law’s reciprocity amendments further complicate matters, as they tie foreign CDL use to work authorization, a condition not explicitly required by the FMCSRs. Carriers must now navigate a patchwork of state and federal rules, balancing Arkansas’s demands with the broader requirements of interstate commerce.

English Proficiency in the FMCSRs

English proficiency has been a federal requirement for CMV drivers since the 1970s, codified in 49 CFR § 391.11(b)(2). This regulation mandates that drivers read and speak English sufficiently to converse with the public, understand traffic signs and signals, respond to official inquiries, and complete records. The rule emerged to ensure drivers could navigate U.S. highways safely and comply with regulatory oversight. Over time, its enforcement has been shaped by the CVSA, FMCSA guidance, and industry trends, with notable shifts in 2015 and 2016 that relaxed certain aspects of implementation.

In the 1990s, the North American Free Trade Agreement (NAFTA) increased cross-border trucking, particularly from Mexico, prompting concerns about non-English-speaking drivers. Inspectors reported difficulties communicating with some drivers, raising safety and compliance issues. The CVSA, a coalition of U.S., Canadian, and Mexican safety officials, responded by integrating language assessments into its North American Standard Inspection Program. By the early 2000s, CVSA guidance urged inspectors to verify drivers’ ability to answer questions about their load, read English-language documents, and follow verbal instructions during Level I-III inspections. Drivers unable to communicate could be placed out of service, a significant disruption requiring carriers to provide interpreters or replacement drivers.

In 2005, the FMCSA issued a memorandum reinforcing English proficiency as a qualification standard. It clarified that drivers needed functional, not fluent, language skills and instructed inspectors to document violations, potentially leading to out-of-service orders. The CVSA’s North American Standard Out-of-Service Criteria, updated annually, included language proficiency as a factor, ensuring consistency across MCSAP-funded states. However, enforcement varied, with some states applying stricter standards than others.

The landscape shifted in 2015 and 2016 with CVSA and FMCSA memoranda that relaxed English proficiency enforcement. In 2015, the CVSA issued guidance in response to industry concerns about overly rigid assessments, particularly for foreign drivers operating under NAFTA reciprocity agreements. The memorandum emphasized that inspectors should focus on “functional communication” rather than fluency, allowing drivers to demonstrate understanding through basic responses or written aids, such as translated logbooks. It also discouraged out-of-service orders unless communication failures posed an immediate safety risk, such as inability to understand critical instructions. This shift aimed to balance safety with fairness, recognizing the diversity of drivers in cross-border trucking.

In 2016, the FMCSA followed with a memorandum that further clarified enforcement. Prompted by feedback from carriers and trade groups like the American Trucking Associations (ATA), the memo reiterated that proficiency assessments should be practical, not punitive. It introduced examples of acceptable compliance, such as drivers using electronic logging devices (ELDs) with English interfaces or carrying translated reference materials. The FMCSA also encouraged inspectors to consider context, such as a driver’s familiarity with U.S. routes, when evaluating language skills. These relaxations reduced out-of-service incidents for language violations, particularly for Canadian and Mexican drivers, while maintaining safety standards. Carriers responded by expanding language training, leveraging FMCSA resources like the 2010 English Proficiency Training Module to prepare drivers for inspections.

Arkansas’s Act 604 aligns closely with the FMCSRs’ language requirements, adopting nearly identical criteria for conversing, understanding signs, responding to inquiries, and completing records. However, it diverges by imposing specific fines—$500 for a first offense, $1,000 for subsequent ones—creating a financial deterrent absent from federal law. Unlike the 2015 and 2016 memoranda, which prioritized flexibility, Act 604 empowers state and local law enforcement, not just MCSAP-certified inspectors, to assess proficiency, potentially leading to more frequent and subjective checks. This contrast highlights Arkansas’s stricter stance, which may undo some of the federal relaxations for drivers in the state.

The Bigger Picture: Impacts and Challenges

Act 604’s proponents argue that it strengthens safety by ensuring only authorized, communicative drivers operate CMVs in Arkansas. By requiring work authorization, the law aligns with federal immigration goals, reducing the risk of undocumented drivers on the road. The English proficiency mandate promotes clear communication, minimizing misunderstandings that could lead to accidents or regulatory violations. The crackdown on false CDLs protects the integrity of the licensing system, deterring fraud that undermines safety and trust.

For interstate carriers, however, the law introduces operational hurdles. Verifying that foreign drivers carry valid EADs or work visas requires updated hiring and compliance processes, from auditing driver qualification files to equipping drivers with accessible documentation. Language training programs may need expansion, particularly for drivers with limited English skills, to avoid costly fines. The felony charges for documentation or fraud offenses raise the stakes, as a single violation could lead to a driver’s detention, vehicle impoundment, or legal battles that disrupt operations.

There’s also the question of federal preemption. The FMCSRs govern interstate commerce under the Commerce Clause, and state laws that burden cross-state operations could face legal challenges. Act 604’s work authorization requirement, for instance, may conflict with FMCSA reciprocity agreements or obligations under the USMCA, the successor to NAFTA. Mexican carriers operating under FMCSA waivers in border zones could argue that Arkansas’s rules create an uneven regulatory patchwork, complicating compliance. While states have leeway to impose stricter standards, some players in the industry may push back if Act 604 disrupts interstate commerce unduly.

Industry groups like the American Trucking Associations (ATA) and Owner-Operator Independent Drivers Association (OOIDA) are likely watching closely. Historically, these organizations have supported safety measures but voiced concerns about inconsistent enforcement. English proficiency assessments, which can be subjective, may lead to disputes if inspectors apply varying standards. The costs of compliance—fines, training, documentation—could strain carriers, particularly in a competitive industry grappling with driver shortages and rising fuel prices. Yet, the law’s focus on safety and fraud prevention aligns with broader industry goals, suggesting a mixed reception as carriers adapt.

Charting a Path Forward

Navigating Act 604 requires foresight and adaptability. Carriers should prioritize verifying that foreign drivers carry valid work authorization, integrating this check into pre-trip protocols and driver qualification audits. Digital or physical copies of EADs or visas should be readily accessible to avoid penalties during inspections. Language training, already a best practice for many carriers, becomes even more critical. Programs that teach drivers to handle inspection questions, read signs, and complete logs in English can prevent violations and build confidence. The FMCSA’s training resources offer a starting point, but carriers may need tailored solutions to meet Arkansas’s specific criteria.

Compliance programs should also evolve to reflect Act 604’s demands. Driver handbooks should outline the law’s requirements, and dispatchers should be trained to route foreign drivers with proper documentation through Arkansas.

Conclusion

Arkansas Act 604 is more than a state law—it’s a signal of evolving expectations for commercial drivers in an era of heightened safety and compliance demands. By tying foreign CDL use to work authorization, mandating English proficiency, and cracking down on fraud, the law aims to create a safer, more accountable trucking environment. For interstate drivers, it’s a reminder that state-specific rules can reshape operations, even on familiar routes. The law’s alignment with FMCSR English proficiency standards, built on decades of CVSA and FMCSA guidance, underscores its roots in safety, but its penalties and enforcement mechanisms chart new territory which may very well catch on with other states and even with FMCSA.

About Trucksafe Consulting, LLC: Trucksafe Consulting is a full-service DOT regulatory compliance consulting and training service. We help carriers develop, implement, and improve their safety programs, through personalized services, industry-leading training, and a library of educational content. Trucksafe also hosts a livestream podcast on its various social media channels called Trucksafe LIVE! to discuss hot-button issues impacting highway transportation. Trucksafe is owned and operated by Brandon Wiseman and Jerad Childress, transportation attorneys who've assisted some of the nation’s leading fleets to develop and maintain cutting-edge safety programs. You can learn more about Trucksafe online at www.trucksafe.com and by following Trucksafe on LinkedIn, Facebook, Twitter, and YouTube. Or subscribe to Trucksafe's newsletter for the latest highway transportation news & analysis. Also, be sure to check out eRegs, the first app-based digital version of the federal safety regulations aimed at helping carriers and drivers better understand and comply with the regulations.