Bill to stop speed limiters introduced in Senate

July 31, 2023

Mark Schremmer

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An attempt to prevent FMCSA from moving forward with a rule to mandate speed limiters on commercial motor vehicles is now alive in the Senate.

Sen. Steve Daines, R-Mont., recently introduced the Deregulating Restrictions on Interstate Vehicles and Eighteen Wheelers Act. The bill would prohibit the Federal Motor Carrier Safety Administration from promulgating any rule or regulation to mandate speed limiters.

Sens. John Thune, R-S.D.; Mike Lee, R-Utah; Roger Marshall, R-Kan.; Roger Wicker, R-Miss.; and Mike Rounds, R-S.D., have signed on as co-sponsors.

A House version of the DRIVE Act was introduced by Rep. Josh Brecheen, R-Okla., in May.

The Owner-Operator Independent Drivers Association supports the bill, saying that a speed-limiter mandate on heavy-duty trucks would be detrimental to highway safety.

“Forcing trucks to speeds below the flow of traffic increases interactions between vehicles and leads to more crashes,” OOIDA President Todd Spencer said. “It’ll be like an obstacle course for passenger vehicle drivers on our highways. OOIDA and our 150,000 members in small-business trucking across America thank Sen. Daines for his leadership in working to keep our roadways safe for truckers and for all road users.”

OOIDA is encouraging its more than 150,000 members to contact their senators and ask them to support S2671. More information about the campaign can be found at FightingForTruckers.com.

Last year, FMCSA issued an advance notice of supplemental proposed rulemaking that considers requiring commercial motor vehicles with a gross vehicle weight of 26,001 pounds or more to be equipped with speed-limiting devices. A top speed was not determined in the advance notice, but previous proposals floated the possibilities of 60, 65 and 68 miles per hour.

FMCSA is expected to unveil a formal proposal that includes a top speed later this year.

However, there are now efforts in the House and Senate to stop the agency from proceeding with the rulemaking.

The National Cattlemen’s Beef Association, American Farm Bureau Federation, National Association of Small Trucking Companies, Towing and Recovery Association of America, Livestock Marketing Association and Western States Trucking Association are among the organizations fighting against mandatory speed limiters.

“Cattle producers have full faith in our highly trained livestock haulers,” National Cattlemen’s Beef Association President Todd Wilkinson said. “Adding another piece of government-mandated technology to their trucks will make them less prepared to adjust to road conditions while actually making the roads less safe. NCBA is a strong supporter of the DRIVE Act, and we appreciate Sen. Daines supporting legislation that is backed by livestock haulers and makes the roads safer.”

Brecheen’s bill in the House, HR3039, is now up to 24 co-sponsors after Rep. Mike Bost, R-Ill., provided his support on July 25.

In May, Brecheen told Land Line Now that in addition to concerns about speed differentials, he believes a mandate would create an issue over state rights.

Earlier this month, the House Appropriations Committee advanced another effort to stop a speed-limiter mandate. On July 18, the committee advanced a transportation spending bill that includes a provision to stop FMCSA from using any funding toward its speed-limiter rulemaking.

“None of the funds appropriated or otherwise made available by this Act or any other Act may be used to promulgate any rule or regulation to require vehicles with a gross vehicle weight of more than 26,000 pounds operating in interstate commerce to be equipped with a speed limiting device set to a maximum speed,” the bill text states. LL