ARKANSAS English Checks Have Begun, They’re checking ALL trucks

Discussion in 'Ask An Owner Operator' started by Tarh331_Dad, Mar 17, 2025.

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  1. Constant Learner

    Constant Learner Medium Load Member

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    I'll believe it when I see it.
     
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  3. drvrtech77

    drvrtech77 Road Train Member

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    Based on my conversation with a major tow operator in the state of Michigan that came out on a road service call. I was speaking with the owner who showed up that morning and he personally said the Michigan State police called him and asked him how many trucks can he store? Yeah it’s coming
     
    Last edited: Jun 7, 2025
  4. Knightcrawler

    Knightcrawler Road Train Member

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    Me too... No way will it go into effect on June 25th. Some judge somewhere will put a stay on it, and it will have to work its way through the courts. Just like I said would happen...

    And there is no way it survives the courts. The "guidelines" as written (listed on the NTAs website - link below) requires the driver to answer questions of the DOT which isnt even going to make it past a 5th amendment challenge much less to a 1st amendment challenge.
    https://www.ntassoc.com/

    The Guidance applies to all FMCSA enforcement personnel who perform inspections of motor carriers and drivers in the U.S. and directs them to conduct an assessment that consists of (1) a driver interview; and (2) a highway traffic sign recognition assessment, if the inspector determines the driver may not understand the inspector’s initial instructions. At the first Step, the driver interview should be conducted in English without the use of interpretation tools. If the driver is unable to respond sufficiently to English inquiries, FMCSA’s policy is to cite the driver for a violation of the ELP regulation and there is no need to go to Step 2. In Step 2, the inspector is to evaluate the driver’s ability to understand the meaning of U.S. highway traffic signs

    And then there is the challenge from the deaf community, since interpretation tools arent allowed. I guess they all automatically fail? LOL, no way this survives...

    There is nothing in the guidelines that even asks the driver to read or write anything...

    CDL read english any court challenges?
    AI Overview
    Yes, Federal Motor Carrier Safety Administration (FMCSA) is enforcing a new requirement that commercial drivers must be proficient in English to operate commercial vehicles, and this has led to the threat of some court challenges. The FMCSA's enforcement of this rule, which was already in the regulations, began on June 25, 2025. Drivers who cannot pass a roadside test demonstrating their ability to speak English and understand road signs can be placed out of service.

    In short, the FMCSA is enforcing the long-standing requirement that commercial drivers must be proficient in English, and this has sparked some concerns and the threat of litigation, particularly from the NTA
    • Court Challenges:
      The National Trucking Association (NTA) has threatened litigation over the new English proficiency requirements, expressing concerns that the new rules are overly burdensome and could disproportionately affect certain groups of drivers.
     
    Last edited: Jun 8, 2025
  5. gentleroger

    gentleroger Road Train Member

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    How many truck drivers did Michigan cite for English Language Proficiency (ELP) each year between 2017 and 2024? Remember that ELP was still a violation, just not OOS level. I don't know the answer to that question, nor does anybody else.

    The latest nationwide report I found was from 2008 which had 8,000 ELP violations a year from 2002 to 2007. During that time Bush II agreed to increase the ability of Mexican drivers to operate in the US, which Obama blocked as long as he could (2011 I think). Most sources I've found show that the percentage of immigrant drivers has increased from 14% in 2010 to 19% in 2024. So let's increase the ELP violations by 30%, then double it - call it 22,000 violations a year. Accounting for increased enforcement, let's call it 50,000. Then for giggles, double it to 100,000. Amongst 3,000,000 truck drivers, that's a reduction of 3% - at the maximum.

    That reduction is offset by new entrants. I'd argue that new ELP violators will outnumber those being taken off the road because it takes a lot of time and effort to inspect trucks while getting a CDL is just a matter of paying fees and fogging a mirror. Just look at all the "we're keeping the roads safe" propaganda showing egregious violations that come out of Road Check each year - if the regulations were serious about vehicle maintenance standards post 9833 wouldn't be a thing from a mega carrier.

    But let's say we magically remove all drivers that can't meet the ELP standard on June 25 AND magically make all new CDL holders ELP. Rates would spike which would incentivize hiring substandard drivers and we'd be right back where we started.

    The issue is that getting a CDL is too easy and once a CDL is obtained there is virtually no enforcement. CSA2010 was intended to make drivers and brokers/shippers hold carriers to a higher standard. Due to the ability of carriers to churn drivers and the inability to make shippers liable for the actions of the carriers they hire, nothing changed. Until those two things change, there will be no reduction in the source of cheap labor.
     
  6. drvrtech77

    drvrtech77 Road Train Member

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    by the way that role has been on the books for decades. It’s just being enforced again… I know some folks is just extremely hard to comprehend that but the fact of the matter is it’s been on the books for decades
     
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  7. gentleroger

    gentleroger Road Train Member

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    It's been on the books for decades and enforced for decades - they only change was the punishment. Citation versus OOS.
     
  8. Long FLD

    Long FLD Road Train Member

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    It doesn’t have to catch anywhere near all of them, let alone a majority. Just has to be enforced enough that it makes people think twice about it. Do people drive drunk? Absolutely. Is there a percentage of the population that won’t take the chance of getting caught? Yes.

    If people can no longer show up here, get a license, and then be taken advantage of by a 1099 company operated by some person from their homeland it will make it more difficult for those companies to operate.

    Or everything could stay the same. I don’t care either way now that I’m out of the cesspool that is general freight.
     
  9. Knightcrawler

    Knightcrawler Road Train Member

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    Well since (it seems) that most of these 1099 companies are out of Chicago, here is Illinois CDL requirements:
    (you will find an English language proficiency in section 5). So clearly people that have no knowledge of the language arent just getting off a plane and going to the DMV. So the new "law" isnt going to stop anything here...

    AI Overview
    To obtain a Commercial Driver's License (CDL) in Illinois, you must be at least 18 years old (21 for interstate driving or transporting passengers). You also need a valid Illinois driver's license, meet medical requirements, and successfully complete the required written and road skills tests for the class and endorsements you're seeking.
    Here's a more detailed breakdown:
    1. Age:
    • To obtain a CDL for driving within Illinois (intrastate), you must be at least 18 years old.
    • To operate a commercial vehicle across state lines (interstate) or transport passengers, you must be at least 21 years old.
    2. Existing License:
    • You must already possess a valid Illinois driver's license (Class D).
    3. Medical Requirements:
    • You need to pass a medical examination by a licensed medical examiner to ensure you meet the physical requirements for commercial driving.
    4. Testing:
    • Pass the necessary knowledge exams for the CDL class and endorsements you are seeking.
    Pass the required driving test to demonstrate your ability to safely operate a commercial vehicle.
    5. Other Requirements:
    • Proof of Legal Presence: Provide proof of legal presence in the United States.
    • Self-Certification: You must self-certify the type of commercial driving you will be doing (intrastate or interstate).
    • US Passport or Birth Certificate: If you will be operating a vehicle across state lines, you'll need a valid US passport or birth certificate.
    • English Language Proficiency: Be able to read and speak English well enough.
    • Clean Driving Record: Ensure you have a clean driving record with no major traffic violations.
    • No Disqualifications: Not be disqualified for other reasons, such as medical conditions, substance abuse, or criminal history.
    6. CDL Classes and Endorsements:
    • Illinois offers different classes of CDLs (A, B, C) depending on the type of vehicle you will be operating.
    • Endorsements may be required for specific types of vehicles or activities, such as hazardous materials (H), passenger transportation (P), or school buses (S).
    7. Training:
    • Consider attending a registered CDL training school in Illinois to prepare for the licensing exam.
    • You may need to complete Entry-Level Driver Training (ELDT) before taking the skills test.
    8. Scheduling and Fees:
    • To schedule an appointment for your CDL exam, you'll need to either have a valid CLP, have completed ELDT, or have a valid Illinois CDL with a valid CLP for upgrades or endorsements.
    • Fees apply for the CDL permit, license, and any endorsements.
    9. Disqualifications:
    • Certain factors can disqualify you from obtaining a CDL, including age, driving record, medical conditions, or criminal history.
     
  10. gentleroger

    gentleroger Road Train Member

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    Even if it catches the majority, it's not going to do anything because the enforcement is being done AFTER the issuance of a CDL

    People can still show up here, get a license, and then be taken advantage of by a 1099 company operated by some person from their homeland - until they get caught. The company will continue until the violations amass to the point of FMCSA intervention, at which point the company will shut down and the assets transferred to a new authority.

    If we want to get serious about this then we need to deal with the 1099 and 'L/P' scams. We need to make authorities non-transferable without SERIOUS regulatory oversight. Most importantly we need to make CDL testing mean something. There is absolutely no reason that anyone with a CDL shouldn't be able to pass Schneider's new hire orientation, yet they have a 50% washout rate.

    Make a regulation that the owner of any company that receives an ELP violation must endure 10 minutes with @drvrtech77 beating them with a baseball bat. I'd be all on board with it - provided due process.

    As it stands this is red meat to the base without any nutritional value.
     
  11. gentleroger

    gentleroger Road Train Member

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    Seriously dude - stop posting AI slop. It's not helping.
     
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