More lawmakers join fight to stop speed limiter mandate

A bill to stop the Federal Motor Carrier Safety Administration from mandating speed limiters on trucks now has 40 co-sponsors in the House.

Rep. David Valadao, R-Calif., provided support to the DRIVE Act, or HR3039, on Tuesday, March 19. Reps. Ryan Zinke, R-Mont., and Diana Harshbarger, R-Tenn., also became co-sponsors this month.

The recent additions increased the tally of co-sponsors to 40 in the House and 10 in the Senate.

Rep. Josh Brecheen, R-Okla., introduced the DRIVE Act, or HR3039, in May 2023. Sen. Steve Daines, R-Mont., followed by introducing S2761 last July.

The legislation would prohibit FMCSA from issuing a rule or regulation requiring certain vehicles to be equipped with speed limiting devices.

As most truckers are well aware, FMCSA has been working on a rulemaking that would mandate that most commercial motor vehicles use speed limiters. The agency issued an advance notice of supplemental proposed rulemaking in 2022 and is projected to issue a formal proposal in May. At that time, FMCSA is expected to announce a proposed top speed for the devices. Top speeds that have been discussed include 60, 65, 68 and 70 mph.

Truckers oppose speed limiters

FMCSA received about 15,000 comments in response to its 2022 notice on speed limiters. A majority of those came from truck drivers who oppose a speed limiter mandate. Truckers cited dangerous speed differentials, the inability to accelerate to avoid a crash and becoming the recipients of road rage among the reasons requiring speed limiters would be a bad idea.

The Owner-Operator Independent Drivers Association opposes a speed limiter mandate and has been asking its approximately 150,000 members to let their lawmakers know about the DRIVE Act and why speed limiters would be bad for highway safety. OOIDA cites statistics that show the frequency of vehicle interactions increases by 227% for vehicles traveling 10 mph below the posted speed limit.

“Recently, FMCSA confirmed that the next phase of its speed limiter rulemaking is expected in May,” OOIDA wrote to its members in February. “While the agency considers their next steps, we aren’t waiting around. That’s why OOIDA continues to press Congress to stop speed limiters through the DRIVE Act. We need you to join the fight today.”

Grassroots effort

The grassroots effort has led to a gradual increase in support for the DRIVE Act. Many lawmakers view it as a states’ rights issue, arguing that a federal mandate to lower the speed of trucks would remove a state’s ability to regulate speeds on its roads.

Tennessee, for instance, recently decided to end split speed limits for cars and trucks on Interstate 81. The speed limit previously was 65 mph for cars and 55 mph for trucks. Beginning March 4, the speed limit between the Washington County line and the Virginia state line is now 70 mph for cars and trucks. The Tennessee Department of Transportation said the change was the result of spot-speed studies, crash analyses and a goal of increased continuity in speed zones. If FMCSA mandated that all trucks be limited to 60 mph, the federal government would in effect create another split speed limit against the state’s wishes.

For more information about the DRIVE Act and how to reach your lawmaker about the issue, go to FightingForTruckers.com. LL