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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And you are wrong - It DOES matter where its done. If its done in the scales then Hill Billy Bobby Joe gets to decide if he thinks you pass the "standard" rather than trained professionals at the DMV with a uniform standard. And maybe Ben Franklin helps Bobby Joe decide if you pass or not... Not to mention not wasting the time of 3.5 million divers several times a week to maybe catch a few hundred that dont pass this all so important test. A test that is so important that the reason this thread was started to begin with isnt even actively enforcing it anymore after a week...
And Im not upset. Im frustrated that people can be so dense.
Oh, and for the record the oath which says this:
I, _____, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; and that I will obey the orders of the President of the United States and the orders of the officers appointed over me, according to regulations and the Uniform Code of Military Justice. So help me God.
The UCMJ specifically says that you are NOT to follow "unlawful orders". Like if the president says to invade Greenland, a fellow NATO member state, you are bound by duty to disobey it. And there is nothing in the oath that says you have to "support" anyone. Just the constitution...Last edited: Jun 10, 2025 at 10:18 AM
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My dad was among the last to get drafted. In 72. He had orders to go, but then in 1973 the us stopped sending troops and he was sent to Fulda Germany. By your own words you were 16 in ‘73. No ##### way you are a Vietnam vet.
prove me wrong or go kick rocks.Last edited: Jun 10, 2025 at 10:25 AM
Siinman, Gearjammin' Penguin, Iamoverit and 2 others Thank this. -
Each ELP OOS violation is being given to a person that already has a CDL. Which means they (in theory) they passed a test where the driver was able to respond to official inquiries in English and recognize signs. This 'new' regulation does NOTHING to beef up the CDL test. Further, it's just an OOS violation, not a license revocation. I haven't seen any procedures for retesting, but there has to some kind of process and if the guy was able to get a CDL he's probably going to be able to pass the retest.
Even if an ELP violation meant the driver permanently left the industry, it's still not going to change things. 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. There are over 450,000 CDLs issued each year. There are about 3,000,000 active truck drivers. Even with maximum enforcement, this isn't doing much to get ELP violators off the road. And we're far from maximum enforcement.
Let's turn now to abuse. We all have read the stories about DOT officers who get a little power hungry and those that causally give the driver a break. Enforcement in the industry is haphazard with some states focusing on vehicle standards and others on driver fitness. Even within a state, enforcement varies in both volume and focus. Will there be officers who put any driver with an accent OOS? I guarantee it because I've known instructors who change their attitude and grading based on accent. I've also known of students who have complained that an instructor can't speak English. Historically, this country has struggled with fairly enforcing literacy tests. When Civil Service exams switched to a blind grading system there was a marked change in score distribution based on race and gender. Historically we've also had problems with policing for profit and predatory towing. Do you really think that Boss Hogg and Sheriff Rosco won't find a way to profit off this?
This is just a dog and pony show that won't actually do anything to change the character of the industry. To actually deal with the ELP problem we need to deal with CDL testing, with how authorities are issued, and all the 1099 L/P predators.BoostedTeg and Concorde Thank this. -
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Disobey a superior officer: defenses to UCMJ Article 90 and UCMJ Article 92 - The Law Office of Peter Kageleiry, Jr.
According to UCMJ Law Article 92 An order is unlawful if it violates the Constitution, U.S. laws, or military regulations and it directs a service member to commit a crime or unethical act. Service members and their leaders must not disobey a superior officer if the orders they are given are lawful.
I mean it could have been because My Lai wasnt in the distant past, but they went out of their way to make us aware of that. I actually had a drill sarge that was there in fact. SSG Jach (pronounced Yak not a long a like the animal, soft a like Ha). He was insane. Loved that guy.
Maybe Im wrong. But I was taught in basic training that greasing a ville of 500 people is "wrong". Maybe they changed that between then and now.
My Lai Massacre | Facts, Map, & Photos | BritannicaLast edited: Jun 10, 2025 at 11:26 AM
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Siinman, drvrtech77, Deere hunter and 2 others Thank this.
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And it WILL go to court. Then we will know for sure. Wont we?
Amendment I
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
Its my opinion that I am free to speak whatever language I feel like under that article. But we will see what the courts say.
And the 5th amendment gives a person the right to remain silent. So they cant be compelled to answer questions about if they can speak or read. So thats also a violation of the constitution. Right?
So again, courts. But frankly I cant see any way this survives a court challenge. At least not until the US adopts english as the national language.Last edited: Jun 10, 2025 at 11:44 AM
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You can’t defend something you don’t understand seek helpSiinman, drvrtech77, Deere hunter and 3 others Thank this. -
Siinman, wore out, Iamoverit and 1 other person Thank this.
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