What Arkansas’s New CDL Law Means for Commercial Drivers: Act 604 Explained

Arkansas Act 604 creates separate offenses for knowingly presenting a false foreign commercial driver’s license, knowingly operating without specified work documents, and operating without sufficient English proficiency. The first two can be felonies; the English-proficiency offense is a fine-only violation, not a felony or misdemeanor.

The law took effect August 5, 2025. Its requirements turn on the particular charge, who issued the license, what documents existed and were available when you drove, and what the State can prove. Having a foreign-issued license does not, by itself, establish any of these offenses.

Three Offenses With Different Penalties

Ark. Code §§ 27-23-302 through 27-23-304, 5-1-108, 5-4-201, and 5-4-401. These are ordinary maximums for the listed offenses, not mandatory sentences. Other charges and sentencing enhancements are not included.

A felony classification does not mean the maximum prison term is automatic. The charge, evidence, prior record, and available sentencing options require separate review. See Class D felony penalties and first-offense options.

A False Foreign License Requires Knowledge and Intent

Section 27-23-302 requires more than a document an officer cannot immediately verify. The State must prove that you knowingly made, presented, or used a false public record, knew it was false, intended it to be accepted as genuine, and represented it as a valid commercial driver’s license issued by a foreign government.

Those requirements make the original document, issuing-agency records, and communications about how you obtained it important. Authenticity and knowledge are separate questions: proof that a document is false does not dispense with proof of the required mental state. The State must prove the offense’s elements beyond a reasonable doubt. Ark. Code §§ 27-23-302, 5-1-111

Missing Work Documents Can Produce a Felony or Misdemeanor

Section 27-23-303 concerns knowingly operating a commercial motor vehicle while holding a valid CDL issued by a foreign government and lacking an Employment Authorization Document or valid work visa in immediate possession. The Act defines an Employment Authorization Document, or EAD, as the USCIS-issued Form I-766 work permit.

The issuing government matters. A license issued by a U.S. state does not become a foreign-government-issued license merely because the driver is not a U.S. citizen. The English-proficiency provision has a different scope and is not limited to foreign-license holders.

Proof of Prior Issuance Changes the Classification

The documentation offense is a Class A misdemeanor if you establish, by a preponderance of the evidence, that you had been issued a valid EAD or valid work visa when the offense occurred. That means showing it is more likely than not. The statute places this particular burden on the person seeking the misdemeanor classification; it does not eliminate the State’s burden to prove the offense.

For example, proof that a valid EAD was at home when you drove can support the misdemeanor classification even though the immediate-possession requirement was not met. This provision changes the classification; it does not automatically dismiss the charge. Records must establish validity at the time of the alleged offense, not simply show that you obtained work authorization later. Ark. Code § 27-23-303(b)(2)

English Proficiency Is a Fine-Only Violation

Section 27-23-304 requires a commercial motor vehicle operator to read and speak English sufficiently to:

• Converse with the general public.
• Understand highway traffic signs and signals in English.
• Respond to official inquiries.
• Make entries on reports and records.

The offense requires operating a commercial vehicle and failing to demonstrate the required proficiency. Inspection reports, recordings, the questions asked, and the driver’s actual responses matter when evaluating whether that standard was met.

Arkansas classifies this offense as a violation punishable by a fine, rather than a felony or misdemeanor. That classification does not establish that the incident has no licensing, employment, or other consequences. It also does not prove either of the separate document-related offenses. Ark. Code §§ 27-23-304, 5-1-108

License Recognition and Federal Rules Still Matter

Act 604 also amended Arkansas’s reciprocity statute, which addresses recognition of licenses issued elsewhere. Section 27-23-123 distinguishes qualifying licenses or learner’s permits issued by U.S. states and the other listed U.S. jurisdictions from CDLs issued by Canada, Mexico, or another jurisdiction covered by a recognized federal waiver or exemption. For the latter category, the statute also requires a valid work visa or EAD.

The reciprocity provision separately requires that the driver not be suspended, revoked, cancelled, disqualified, or subject to an out-of-service order. Possession of a license and work document does not override those restrictions. Ark. Code § 27-23-123

Federal rules also impose English-proficiency requirements for covered interstate commercial driving. FMCSA’s current enforcement policy provides for out-of-service orders for qualifying violations, including on trips through Arkansas. An out-of-service order can prevent further commercial driving even though the Arkansas English-proficiency offense itself is fine-only. Review any order before resuming operation. 49 C.F.R. § 391.11(b)(2)

Evidence to Preserve Before Resolving the Charge

Keep the records that answer the specific legal questions:

• License and issuing-agency records: who issued the license, whether it was valid, and whether the document is genuine.
• EAD, visa, and issuance records: what had been issued, whether it was valid on the relevant date, and what was in your immediate possession.
• Inspection reports and available recordings: what the officer requested, what you produced, and how any English assessment was conducted.
• Charging papers and separate orders: which statute is alleged, the court date, and any restriction on further driving.

Preserve the originals and the messages showing how documents were obtained. Before giving a detailed account of the alleged offense, get advice about police questioning and your rights. Keep that issue separate from complying with lawful document-production requirements.

If you are not a U.S. citizen, have defense counsel assess immigration consequences before entering a plea and involve immigration counsel where needed. A favorable state sentencing outcome does not itself answer the immigration question. Understand the exact charge and consequences before an Arkansas plea hearing.

Updated October 25, 2026

This blog post is provided for general informational purposes only and does not constitute legal advice. Reading this content does not create an attorney-client relationship with Wesley Rhodes, Attorney at Law. If you need legal advice about your specific situation, you should consult with a qualified criminal defense attorney.