Speed limiter rule would be prohibited under DRIVE Act

Thousands of truck drivers have already spoken out against a speed limiter mandate on commercial motor vehicles. Now those drivers have the support of legislation that would put an end to the rulemaking.

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 promulgating 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.”

The bill, HR3039, already has five co-sponsors supporting the legislation. The co-sponsors:

• Pete Sessions, R-Texas
• Lauren Boebert, R-Colo.
• Scott Perry, R-Pa.
• Eric Burlison, R-Mo.
• John Moolenaar, R-Mich.

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.

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 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. LL