Truckers won the speed limiter battle; DRIVE Act could win the war

Truck drivers did not want a speed limiter mandate. Oh boy, did they not want a mandate.

For several years, it was one of the main topics at truck shows and call-in radio shows. They’d tell you that such a requirement would be unsafe. It would cause dangerous speed differentials, leading to road rage incidents from drivers of passenger vehicles. It would remove a truck driver’s ability to accelerate past a dangerous situation, and it would incentivize drivers to make up for lost time by speeding through construction zones and other slower speed zones.

But, this time, truckers didn’t just vent among themselves. They made sure that regulators and lawmakers heard about it as well.

That’s right. Truck drivers rallied together to oppose something they believed would be bad for safety, the supply chain and the truck driving profession.

So when the Biden administration published a notice in 2022 that considered requiring speed limiters on most commercial motor vehicles with a gross vehicle weight of 26,001 pounds, truck drivers let them hear it.

The Federal Motor Carrier Safety Administration received more than 15,000 comments on the advance notice. Most of the comments came from truck drivers opposed to a mandate. Some of the comments focused on the speed differentials, and others reminded regulators that most truck drivers are not paid by the hour. But no matter which argument the trucker chose to highlight, the overarching message almost always was that proponents of the rule didn’t understand how it would play out on the nation’s highways.

Truck safety groups called for a top speed of 60 mph – even though trucks would be traveling on highways with speed limits as fast as 80 and 85 mph.

“Studies and research have already proven what we were all taught long ago in driver’s ed classes – that traffic is safest when vehicles all travel at the same relative speed,” OOIDA President Todd Spencer said in 2022. “Limiting trucks to speeds below the flow of traffic increases interactions between vehicles, which can lead to more crashes.”

Although the 15,000 comments didn’t directly prevent a speed limiter mandate from taking effect, it was enough to slow the administration down. The result was that a formal proposal still had not been published by the time the Trump administration took over.

The withdrawal

Even though President Donald Trump didn’t move forward with a speed limiter mandate during his first term, OOIDA and a coalition of 16 other organizations made sure to remind him why it would be a bad idea.

“In short, this mandate will be harmful for America’s truckers and small businesses, and it will be counterproductive to improving roadway safety,” the coalition wrote on Jan. 16. “As you consider deregulatory action for your initial days in office, our coalition believes that stopping this mandate would be an ideal way to start.”

In June, the U.S. Department of Transportation announced as part of its “Pro-Trucker Package” that it was rescinding the speed limiter rulemaking.

“Mandating speed limiters on heavy-duty trucks isn’t just an inconvenience – it is a safety hazard when drivers are forced to go slower than the flow of traffic,” the DOT wrote. “U.S. DOT is withdrawing the proposed rulemaking to mandate speed limiters so professional drivers can operate their vehicles safely.”

Then in July, the withdrawal became official. In a notice that was published in the Federal Register on July 24, FMCSA and National Highway Traffic Safety Administration pulled the rulemaking.

“In light of significant policy and safety concerns and continued data gaps that create considerable uncertainty about the estimated costs, benefits and other impacts of the proposed rule, FMCSA and NHTSA have decided to withdraw the proposal,” the notice stated.

The July notice cemented the lopsided nature of the debate. According to the DOT, it received more than 15,000 comments in opposition. Meanwhile, only 300 of the comments were in support.

“More than 15,000 comments included statements opposing the rulemaking,” the notice stated. “Some questioned FMCSA’s authority and whether the proposal would reduce highway safety by creating speed differentials and increasing traffic congestion. The opponents also cited potential impacts on the industry, driver pay, the economy and the environment. Several commenters, including OOIDA, indicated that limiting a truck’s speed would have adverse impacts on drivers’ incomes, because reducing travel speeds would reduce the number of miles traveled as well as the number of pick-ups and deliveries. Other commenter issues included higher fuel costs, impacts to driver well-being and ease of parking due to additional hours a driver might have to spend driving to complete a job.”

DRIVE Act

Having the speed limiter proposal rescinded served as another battle victory. However, it doesn’t prevent a future administration from starting the process over again.

That’s where the DRIVE Act comes in.

The DRIVE Act would prohibit future administrations from having the Federal Motor Carrier Safety Administration issue any rules or regulations that would mandate speed limiters on commercial motor vehicles.

Sen. Steve Daines, R-Mont., introduced the bill in the Senate, while Rep. Josh Brecheen, R-Okla., sponsored the House version. Both bills are built around the idea that forcing trucks to drive below the posted speed limit would create dangerous speed differentials on the highways. When a speed limiter proposal was announced in 2022, FMCSA received more than 15,000 comments. The majority of those comments came from truck drivers opposed to the requirement.

“When you have bureaucrats in Washington not understanding what’s going on in the real world across the highways in America, that’s a problem,” Daines told Trucking with OOIDA’s Scott Thompson. “When I speak to my Montana truck drivers, they know what works best and they ultimately have the safety of their personal lives and the people around them as their highest priority. And what Joe Biden proposed were unnecessary and dangerous speed limiter rules on commercial motor vehicles. Here’s the reality: It would have done nothing more than cause more congestion and higher crash rates.”

The Owner-Operator Independent Drivers Association supports the DRIVE Act and encourages truckers to ask their lawmakers to support the bill. LL