Speed limiter fight reaches Congress
Members of Congress have joined the fight to prevent speed limiters from being required on commercial motor vehicles.
On May 3, Rep. Josh Brecheen, R-Okla., introduced the Deregulating Restrictions on Interstate Vehicles and Eighteen Wheelers Act.
The bill would prohibit the Federal Motor Carrier Safety Administration from creating any rule or regulation mandating speed limiters.
“This overreach by the Biden administration has the potential to negatively impact all facets of the agricultural and trucking industries,” Brecheen said. “I know from experience driving a semi while hauling equipment and years spent hauling livestock that the flow of traffic set by state law is critical for safety instead of an arbitrary one-size-fits-all speed limit imposed by some bureaucrat sitting at his desk in Washington, D.C.
“This rule will add one more needless burden, and Congress must stop it. For example, if a rancher is transporting cattle in a trailer across state lines, under this rule the federal government would require a speed limiter device when above 26,000 pounds. Out-of-control bureaucrats are trying to impose ridiculous regulations on Americans who are trying to make ends meet.”
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.
According to the Regulations.gov website, about 15,600 comments were submitted to the FMCSA in response to the advance notice. An overwhelming majority of the comments were opposed to a mandate. However, the FMCSA appears poised to move forward with a notice of proposed rulemaking this year. According to the most recent Unified Regulatory Agenda, the proposal could be published as early as June.
The bill, HR3039, lets truckers know that some lawmakers have heard their concerns.
As of press time, the DRIVE Act had 10 co-sponsors.
- Pete Sessions, R-Texas
- Lauren Boebert, R-Colo.
- Scott Perry, R-Pa.
- Eric Burlison, R-Mo.
- John Moolenaar, R-Mich.
- Matthew Rosendale Sr., R-Mont.
- Andrew Ogles, R-Tenn.
- Michael Cloud, R-Texas
- Kelly Armstrong, R-N.D.
- Mark Green, R-Tenn.
The Owner-Operator Independent Drivers Association opposes mandatory speed limiters and supports Brecheen’s efforts to prevent another regulatory burden for truckers.
“The physics is straightforward – limiting trucks to speeds below the flow of traffic increases interactions between vehicles and leads to more crashes,” said OOIDA President Todd Spencer. “OOIDA and our 150,000 members in small-business trucking across America thank Congressman Brecheen for his leadership in keeping our roadways safe for truckers and for all road users.”
Opponents of speed limiters on large trucks say the devices have been proven to create unnecessary congestion and dangerous speed differentials between cars and trucks.
Considering that speed limits are as fast as 85 mph in some parts of the United States and that vehicles have a tendency to go faster than the posted speed limit, a speed limiter mandate of 60 mph for heavy-duty trucks could create a reality where cars are traveling more than 30 mph faster than trucks traveling on the same highway.
The National Association of Small Trucking Companies also supports the DRIVE Act.
“Mandating speed limiters on commercial vehicles would increase speed differentials between cars and trucks, increase traffic density, and increase impatience and risky driving by those behind a plodding truck,” NASTC President David Owen said. “Mandatory speed limiters would likely cost more lives and cause more accidents and injuries. NASTC commends the DRIVE Act for stopping a predictable regulatory disaster.”
Other organizations in support of the bill include the American Farm Bureau Federations, Livestock Marketing Association, National Cattlemen’s Beef Association and Western States Trucking Association.
Letter shows Teamsters’ support for 60 mph speed limiters
Although there are plenty of groups opposed to speed limiters, others are expressing support for a final rule.
According to a search on the Regulations.gov website, the International Brotherhood of Teamsters did not file any comments on FMCSA’s advance notice on speed limiters.
However, the Teamsters signed on to a letter expressing support for a speed limiter mandate set at 60 mph.
In March, Teamsters General President Sean O’Brien’s name is listed on a letter from truck safety groups to Transportation Secretary Pete Buttigieg asking for several technology mandates, including speed limiters.
“Speed limiters, set no higher than 60 mph, must be required by the Department of Transportation on all commercial motor vehicles immediately,” the letter stated.
The letter appears to be a departure from previous Teamsters stances on the issue.
FreightWaves reported in 2021 that the Teamsters filed a charge with the National Labor Relations Board about a decision by TFI International’s TForce Freight to reduce the maximum speed of its trucks from 68 to 65 mph.
“Changing the speed governors directly impacts employee earning capacity, hours of work, hours of service, and safety, which are all mandatory subjects of bargaining,” FreightWaves reported that the complaint stated.
Speed limiters set at 60 mph also would be in conflict with the United Parcel Service’s stance on the issue. UPS, which is the single largest employer in the Teamsters Union, supports a speed limiter mandate but has concerns about large speed differentials.
“UPS encourages FMCSA to adopt a speed governor limit for heavy duty trucks of 68 mph and to develop an allowance for higher truck speeds of 72 mph where warranted by local road conditions and higher posted speed limits,” the company wrote in its comments to the agency. “Given our experience in commercial fleet operations, UPS concludes that the speed differential scenario that would arise from limiting trucks at a lower rate of speed would actually have a net negative impact on highway safety.” LL