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Arkansas General Assembly· HB 1569WITHDRAWN BY AUTHOR

An act TO CREATE THE SECURE ROADS AND SAFE TRUCKING 10 ACT OF 2025, the official text

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Stricken language would be deleted from and underlined language would be added to present law.

1 State of Arkansas        As Engrossed: H3/12/25
2 95th General Assembly
                                 A Bill

3 Regular Session, 2025                                            HOUSE BILL 1569

4

5 By: Representative Long

6 By: Senator J. Payton

7

8                          For An Act To Be Entitled

9   AN ACT TO CREATE THE SECURE ROADS AND SAFE TRUCKING

10  ACT OF 2025; TO AMEND THE LAW CONCERNING A COMMERCIAL

11  DRIVER LICENSE AND THE OPERATORS OF COMMERCIAL MOTOR

12  VEHICLES; TO REQUIRE THAT OPERATORS OF COMMERCIAL

13  MOTOR VEHICLES HAVE PROFICIENCY IN THE ENGLISH

14  LANGUAGE; TO REQUIRE THAT OPERATORS OF COMMERCIAL

15  MOTOR VEHICLES HAVE A VALID COMMERCIAL DRIVER

16  LICENSE; TO CREATE ADDITIONAL CRIMINAL PENALTIES FOR

17  OFFENSES COMMITTED WHILE OPERATING A COMMERCIAL MOTOR

18  VEHICLE; TO DECLARE AN EMERGENCY; AND FOR OTHER

19  PURPOSES.

20

21

22                         Subtitle

23                       TO CREATE THE SECURE ROADS AND SAFE

24                       TRUCKING ACT OF 2025; TO AMEND THE LAW

25                       CONCERNING COMMERCIAL DRIVERS; TO CREATE

26                       PENALTIES FOR OFFENSES COMMITTED WHILE

27                       OPERATING A COMMERCIAL MOTOR VEHICLE;

28                       AND TO DECLARE AN EMERGENCY.

29

30 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:

31

32  SECTION 1. DO NOT CODIFY. Title.

33  This act shall be known and may be cited as the "Secure Roads and Safe

34 Trucking Act of 2025".

35

36  SECTION 2. DO NOT CODIFY. Legislative findings.

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    As Engrossed: H3/12/25                                                  HB1569

1   The General Assembly finds that:

2               (1) Government entities have existing requirements for the

3 operators of various modes of commercial transportation to demonstrate

4 English proficiency;

5               (2) A requirement to demonstrate English proficiency is not

6 unique to the operation of a commercial motor vehicle and is required for

7 other modes of commercial transportation;

8               (3) A demonstration of English proficiency is required during

9 the licensure process for a pilot's license and instrument rating under 14

10 C.F.R. Parts 61, 63, 65, and 107; and

11              (4) The International Civil Aviation Organization, of which the

12 United States is a member, requires operators of commercial aircraft to

13 demonstrate English language proficiency.

14

15  SECTION 3. Arkansas Code Title 27, Chapter 23, Subchapter 1, is

16 amended to add additional sections to read as follows:

17  27-23-132. Requirement to possess commercial driver license from valid

18 jurisdiction.

19  An individual operating a commercial motor vehicle within this state

20 shall possess:

21              (1) A valid commercial driver license issued by a state,

22 territory, or possession of the United States, the District of Columbia, or

23 the Commonwealth of Puerto Rico; or

24              (2) Both:

25                    (A) A valid commercial driver license issued by a state,

26 territory, district, or province of Canada or Mexico; and

27                    (B) A valid work visa.

28  27-23-133. Operation of commercial motor vehicle by certain visa

29 holders.

30  (a)(1) A holder of a B-1, B-2, or B-1/B-2 nonimmigrant visitor visa

31 under 22 C.F.R. �� 41.31 - 41.33, as they existed on January 1, 2025, shall

32 not perform labor or services operating a commercial motor vehicle within

33 this state.

34              (2) The act of operating a commercial motor vehicle is

35 considered labor.

36  (b) A commercial motor carrier as defined in � 27-14-613 that is

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    As Engrossed: H3/12/25                                                  HB1569

1 domiciled in the United States and operating in Arkansas shall not employ or

2 contract with a holder of a B-1, B-2, or B-1/B-2 nonimmigrant visitor visa

3 under 22 C.F.R. �� 41.31 -- 41.33, as they existed on January 1, 2025, as an

4 operator of a commercial motor vehicle within this state.

5   (c) Upon a finding that the holder of a B-1, B-2, or B-1/B-2

6 nonimmigrant visitor visa under 22 C.F.R. �� 41.31--41.33, as it existed on

7 January 1, 2025, operated a commercial motor vehicle:

8   (1) The commercial motor vehicle shall be impounded, subject to

9 the process for the impoundment of a motor vehicle as set forth under � 27-

10 22-109(b) and (c);

11  (2) The operator of the commercial motor vehicle who violates

12 this section shall be subject to a fine of five thousand ($5,000) dollars.

13

14  27-23-134. Exclusion of reciprocity.

15  A nondomiciled commercial driver license or nondomiciled commercial

16 learner's permit issued by a state other than Arkansas under 49 C.F.R. �

17 383.71, as it existed on January 1, 2025, is not valid to authorize the

18 operation of a commercial motor vehicle within this state.

19

20  27-23-135. English proficiency.

21  An operator of a commercial motor vehicle shall demonstrate proficiency

22 in the English language sufficient to:

23  (1) Read road signs and warning signs;

24  (2) Understand traffic control devices; and

25  (3) Communicate effectively in an emergency with:

26  (A) Emergency services;

27  (B) Law enforcement; and

28  (C) Other drivers.

29

30  27-23-136. Noncitizen operating commercial motor vehicle without

31 domestic commercial driver license.

32  (a) A person commits the offense of operating a commercial motor

33 vehicle without a domestic commercial driver license if he or she:

34  (1) Is not a citizen of the United States;

35  (2) Operates a commercial motor vehicle; and

36  (3) Does not hold a valid commercial driver license under � 27-

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    As Engrossed: H3/12/25                                                HB1569

1 23-132.

2   (b)(1) The offense of operating a commercial motor vehicle without a

3 domestic commercial driver license is a violation and is subject to a fine of

4 five thousand dollars ($5,000).

5               (2) Upon an arrest for a violation of this section, the

6 commercial motor vehicle that the person was operating shall be impounded,

7 subject to the process for the impoundment of a motor vehicle stated under �

8 27-22-109(b) and (c).

9   (c) An offense under this section is a strict liability offense.

10

11  27-23-137. Criminal use of a commercial motor vehicle.

12  (a) A person commits the offense of criminal use of a commercial motor

13 vehicle if he or she:

14              (1) Is not a citizen of the United States;

15              (2) Does not hold a valid commercial driver license under � 27-

16 23-132; and

17              (3) Causes the bodily harm of another person while operating a

18 commercial motor vehicle.

19  (b) The offense of criminal use of a commercial motor vehicle is a

20 Class D felony with a minimum term of imprisonment of six (6) months.

21  (c) An offense under this section is a strict liability offense.

22

23  27-23-138. Vehicular homicide with a commercial motor vehicle.

24  (a) A person commits the offense of vehicular homicide with a

25 commercial motor vehicle if he or she:

26              (1) Is not a citizen of the United States;

27              (2) Does not hold a valid commercial driver license under � 27-

28 23-132; and

29              (3) Causes the death of another person while operating a

30 commercial motor vehicle.

31  (b) The offense of vehicular homicide with a commercial motor vehicle

32 is a Class B felony with a minimum term of imprisonment of ten (10) years.

33  (c) An offense under this section is a strict liability offense.

34

35  27-23-139. Operating commercial motor vehicle without sufficient

36 English language proficiency.

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    As Engrossed: H3/12/25                                                HB1569

1   (a) A person commits the offense of operating a commercial motor

2 vehicle without sufficient English language proficiency if he or she:

3            (1) Operates a commercial vehicle; and

4            (2) Fails to demonstrate proficiency in the English language as

5 required under � 27-23-135.

6   (b) The offense of operating a commercial motor vehicle without

7 sufficient English language proficiency is a violation and is subject to a

8 fine of five thousand dollars ($5,000).

9   (c) An offense under this section is a strict liability offense.

10

11  27-23-140. Providing commercial motor vehicle to ineligible operator --

12 Penalties -- Definition.

13  (a) A commercial motor carrier commits the offense of providing a

14 commercial motor vehicle to an ineligible operator if the commercial motor

15 carrier negligently provides a commercial vehicle to a person who:

16           (1) Operates the commercial motor vehicle; and

17           (2) Violates � 27-23-133, � 27-23-136, or � 27-23-139.

18  (b) The offense of providing a commercial motor vehicle to an

19 ineligible operator is a violation and is subject to a fine of ten thousand

20 dollars ($10,000).

21  (c) As used in this section, "commercial motor carrier" means the same

22 as used in � 27-14-613.

23

24  SECTION 4. EMERGENCY CLAUSE. It is found and determined by the

25 General Assembly of the State of Arkansas that that the implementation of

26 this act is essential to the safety of the citizens of the State of Arkansas;

27 and that this act is immediately necessary because a delay in implementing

28 this act could cause irreparable harm to public safety. Therefore, an

29 emergency is declared to exist, and this act being immediately necessary for

30 the preservation of the public peace, health, and safety shall become

31 effective on:

32           (1) The date of its approval by the Governor;

33           (2) If the bill is neither approved nor vetoed by the Governor,

34 the expiration of the period of time during which the Governor may veto the

35 bill; or

36           (3) If the bill is vetoed by the Governor and the veto is

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    As Engrossed: H3/12/25                                 HB1569

1 overridden, the date the last house overrides the veto.

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