Arkansas recently updated its commercial driver’s license (CDL) laws in a way that expands penalties and adds new criminal offenses for certain conduct involving commercial motor vehicles. Act 604 of the 2025 Regular Session was signed into law and made several important changes aimed at improving safety and enforcement on Arkansas roads.
This post explains what those changes are, what conduct is now prohibited, and what the legal consequences can be for CDL holders and operators. Understanding these updates matters for drivers, carriers, and legal professionals alike.
What Act 604 Actually Does
Act 604 amends Arkansas Code Title 27, Chapter 23 to create a new subchapter focused on offenses and penalties for commercial drivers. It includes several distinct provisions:
1. False or Fraudulent CDL Offense
Under the new law, presenting a false foreign commercial driver license — meaning knowingly making, presenting, or using a forged or fraudulent document as if it were a valid CDL — is now a Class D felony. This raises the stakes significantly for anyone who uses or attempts to use a forged license.
2. Operating Without Proper Documentation
Act 604 makes it unlawful for a CDL holder issued by a foreign government to operate a commercial motor vehicle in Arkansas without having valid U.S. work authorization in immediate possession. If someone operates a commercial vehicle without that documentation, it is generally considered a Class D felony. There is an exception: if the driver can prove they did have valid work authorization or work visa at the time of the offense, the offense is instead treated as a Class A misdemeanor.
3. English Language Proficiency Requirement
A requirement has been codified that CDL holders be able to read and speak the English language sufficiently to:
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converse with the general public,
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understand highway signs and signals,
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respond to official inquiries, and
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make entries on reports and records.
Operating a commercial vehicle without sufficient English proficiency is a civil violation, not a felony, but carries fines of up to $500 for a first offense and $1,000 for subsequent offenses.
Why These Changes Matter
These amendments are not simply administrative; they carry real legal consequences that did not exist previously for some foreign CDL holders or operators.
Criminal Penalties for Drivers
By elevating the use of a false CDL and operating without proper documentation to felony offenses, Act 604 creates situations where a commercial driver could face significant prison exposure depending on the conduct alleged by the state.
Documentation Burden on the Driver
A CDL issued by a foreign government is only lawful in Arkansas if the driver also:
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has a valid Employment Authorization Document (EAD) or work visa in hand, and
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is not suspended, revoked, or otherwise disqualified from operating commercially.
If a driver cannot demonstrate both at a stop or inspection, that gap may be the basis for a felony charge.
English Proficiency: Why It Exists
The English proficiency requirement mirrors federal standards in many respects but is now codified specifically under Arkansas law. Drivers must be able to:
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understand and interpret road signs,
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communicate with law enforcement, and
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complete necessary operating reports.
Failing to demonstrate that proficiency leads first to a civil fine and, with repeat offenses, increased penalties.
How This Interacts With Federal CDL Rules
Arkansas’s new requirements exist alongside the federal Commercial Driver’s License standards and the Federal Motor Carrier Safety Regulations (FMCSRs). While the FMCSRs set baseline requirements for interstate CDL holders, states have some authority to enforce additional safety standards on roads within their borders.
Act 604’s documentation and proficiency requirements are examples of how a state can impose additional conditions on commercial operators, provided they do not conflict with federal law.
Common Misunderstandings
“Does this mean every foreign CDL holder is now a felon?”
Not automatically. A felony charge arises only if the driver knowingly operates without required documentation (and cannot prove valid authorization). The mere fact of having a foreign CDL does not by itself create a crime.
“Is the English proficiency requirement a criminal offense?”
No. Lack of English proficiency is a civil violation with fines attached. The criminal exposure under Act 604 is linked to fraudulent documentation and improper operation without valid work authorization.
“Does this affect interstate drivers?”
Yes, because drivers traveling through Arkansas must comply with state law while operating on Arkansas roads. Even if a CDL is valid under federal or other state rules, failure to meet Arkansas’s documentation and authorization requirements could trigger penalties.
Bottom Line
Act 604 significantly updates Arkansas’s approach to CDL regulation by adding criminal penalties for certain conduct and by formalizing documentation and proficiency requirements that go beyond prior law. For commercial drivers and carriers operating in or through Arkansas, awareness of these changes is essential to avoid serious legal consequences.
If you have questions about how the new Arkansas CDL offenses under Act 604 could affect your situation, you can contact my office to talk through the legal implications.
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.