Petition to Arkansas Representative Hawk and the Arkansas Trucking Association
To: Representative R.J. Hawk, Arkansas State House of Representatives, and the Arkansas Trucking Association
Subject: Opposition to Changes in Arkansas Code 27-23-123 and Request to Exclude Canadian CDL Holders, Non-Domiciled Learner’s Permits, and Clarification on Federal Work Authorization
We, the undersigned citizens of Arkansas along with fellow countrymen, express our deep concern and opposition to the proposed changes in Arkansas Code 27-23-123, which would expand the eligibility for operating commercial vehicles on Arkansas highways to include licenses from any foreign jurisdiction, allow drivers with learner’s permits from these jurisdictions, and employ ambiguously defined federal work authorization criteria. Furthermore, we urge for a strengthening of the current law to explicitly exclude Canadian CDL holders due to recent developments suggesting potential abuse of our visa systems that involve wage dumping of immigrants through Canada to work exclusively in the United States. Additionally, we seek clarification and stricter definition regarding the criteria for “authorized under federal law to work in the United States,” specifying the types of work visas that are permissible.
Our Concerns:
Public Safety: The current legislation restricts commercial vehicle operation to drivers with licenses from the United States or Canada, ensuring they meet rigorous training and identity verification standards. Expanding this to include drivers with learner’s permits or licenses from any jurisdiction could bypass these standards, compromising road safety significantly.
National Security: The identity checks associated with U.S. or Canadian licenses are crucial for security. Expanding this to include learner’s permits or licenses from any foreign jurisdiction could introduce risks that extend beyond mere traffic safety, potentially affecting national security during an elevated threat environment.
Economic Fairness and Job Security: The existing law aims to create a level playing field where all commercial drivers must meet the same high criteria. Permitting drivers with lesser qualifications could lead to wage dumping and job displacement due to less regulated labor practices.
Legal and Security Implications: While not directly stated in the Constitution, the regulation of interstate commerce and safety falls under federal and state purview. Allowing foreign jurisdiction licenses, especially learner’s permits, might conflict with these regulations aimed at protecting public welfare through consistent standards.
Ambiguity in Federal Work Authorization: The language “He or she is authorized under federal law to work in the United States” is too vague. Given the current abuses of immigration and visa systems, this needs clearer definition to prevent exploitation and ensure that all workers, especially in sensitive sectors like commercial driving, are fairly vetted.
Request for Strengthening the Law:
We propose amending Arkansas Code 27-23-123 to explicitly exclude Canadian CDL holders and drivers with learner’s permits from any foreign jurisdiction from operating commercial vehicles in Arkansas.
We demand a clearer definition or criteria for what constitutes “authorized under federal law to work in the United States,” specifying the types of work visas that allow work in the U.S., ensuring it aligns with the intent to maintain high safety and security standards on our roads.
We urge Representative Hawk to reconsider the sponsorship of this bill in light of these new developments and the safety implications they pose.
We request the Arkansas Trucking Association to support these amendments, recognizing both the safety and economic implications for the industry’s reputation and the welfare of Arkansas highways.
Action:
We, the undersigned, call upon Representative Hawk and the Arkansas Trucking Association not only to uphold the current standards but also to strengthen them by excluding Canadian CDL holders and foreign learner’s permit holders, and by providing explicit criteria for federal work authorization specifying the types of work visas. This action would reflect a commitment to safety, security, and economic fairness in our state.
This petition seeks to address the concerns of public safety, uphold national security standards, ensure economic equity, and reflect the sentiment of public opinion regarding the management of commercial driving licenses in Arkansas. We look forward to your response and hope for decisions that prioritize the safety and integrity of our state’s transportation system.
Sincerely,
American Truckers United and Fellow Petitioners