DRIVE Act shifts into new gear as speed limiter proposal approaches

In two months, the Federal Motor Carrier Safety Administration is scheduled to unveil a formal proposal to mandate speed limiters on commercial motor vehicles. In the meantime, however, legislative efforts to stop the rulemaking continue to build momentum.

Earlier this week, Sen. Joni Ernst, R-Iowa, pledged support for the DRIVE Act, which prohibits FMCSA from issuing any rule or regulation that would require heavy-duty vehicles to be equipped with a speed-limiting device.

S2671, which was introduced on July 27 by Sen. Steve Daines, R-Mont., is up to nine co-sponsors. The House version of the DRIVE Act, which was introduced in May by Rep. Josh Brecheen, R-Okla., has 30 co-sponsors.

Daines called FMCSA’s attempt to mandate speed limiters an “overreach” and said that slowing trucks to speeds below the legal limit would make highways less safe by increasing congestion and creating dangerous speed differentials.

“Montana truckers play an essential role in the Treasure State’s economy, and ensuring they stay safe on the job is one of my top priorities,” Daines said. “Overreaching, out-of-touch D.C. mandates oftentimes make truckers’ jobs harder and can even put their lives at risk. I’ll keep fighting for Montana truckers and against big government.”

Proponents of the DRIVE Act, which include such organizations as the Owner-Operator Independent Drivers Association, the American Farm Bureau Federation, the National Association of Small Trucking Companies and the Livestock Marketing Association, say that states – not a federal agency – should determine speed limits.

Where does FMCSA’s proposal stand?

According to the U.S. Department of Transportation’s September 2023 Significant Rulemaking Report, FMCSA plans to publish on Dec. 29 a supplemental notice of proposed rulemaking to require most commercial motor vehicles weighing more than 26,000 pounds to be equipped with a speed limiter.

FMCSA is expected to release a proposed maximum speed at that time. Safety groups have lobbied for as low as 60 mph, while the American Trucking Associations want the top speed to be 70 mph for trucks equipped with other safety equipment and 65 mph for everyone else.

Most truckers oppose a federal speed limiter mandate at any speed, but the proposed maximum will determine how drastic the speed differentials could become. Given that there are speed limits in the United States as fast as 85 mph and trucks could be limited to speeds as slow as 60 mph, resulting speed differentials between cars and large trucks could reach 30 mph or more.

FMCSA initially indicated in the September report that the maximum speed would be 68 mph. However, it removed that language hours later and told Land Line that a maximum speed had not been determined.

Rallying support for the DRIVE Act

OOIDA is asking its members to reach out to their lawmakers and encourage them to support the DRIVE Act. OOIDA’s Fighting for Truckers website has made it easy for truck drivers to reach their representatives and provide feedback on FMCSA’s speed limiter rulemaking. LL