WASHINGTON — December came and went without the Federal Motor Carrier Safety Administration (FMCSA) issuing a ruling on its proposal to add speed limiters to most commercial vehicles.
The U.S. Department of Transportation had said that Dec. 29 was its target date.
Now, it’s unclear how long it will take.
Significant rulemakings must be reviewed by the White House Office of Management and Budget before they can be published. That didn’t happen in 2023.
Meanwhile, many in the trucking industry have been waiting with bated breath — and uncertain accelerator foots — for answers.
The comment period on the speed limiter proposal ended in July 2022 with more than 15,000 respondents — most opposed to the measure.
The Truckload Carriers Association (TCA) has spoken out in favor of speed limiters, publishing this stance in April 2021:
“The speed of all electronically governed Class 7 and 8 trucks manufactured after 1992 should be governed by tamperproof devices either limiting the vehicle to a fixed maximum of 65 mph or limiting the vehicle to 70 mph with the use of adaptive cruise control and automatic emergency braking. The Department of Transportation should conduct a recurring five-year review of speed-governing regulations to ensure that the regulations are appropriate and consistent with currently deployed technologies. Although TCA does not have a position on setting speed limiters or engine control modules (ECMs) for passenger vehicles, it recommends states consider setting the speed limiters on the vehicles of drivers with certain driving convictions.”
TCA recently sent a survey about the speed limiter issue to carrier members in its Regulatory Policy Committee, Advocacy Advisory Committee, and carrier benchmarking network (TCA Profitability Program).
Only one respondent said their fleet does not currently use speed-limiting technology, citing a high prevalence of owner-operators. The rest of the carriers responding shared that they do currently use speed limiters, and that the devices are set anywhere from 62 to 72 mph; the majority of these fleets said they set the limiters within the upper 60s.
The majority of respondents to TCA’s survey said they are comfortable with a 2003 model year requirement (the year floated in the list of questions provided by FMCSA for the comment period).
The American Trucking Associations (ATA) has also spoken out in support of speed limiters.
According to an ATA statement, the group supports the use of tamper-proof electronic governors, or limiters, on heavy trucks that were manufactured after 1992 and are used in commerce. The association has also opined that the U.S. Department of Transportation should conduct a recurring five-year review of speed-governing regulations to ensure the regulations are appropriate and consistent with currently deployed technologies.
“We put safety first,” said Chris Spear, ATA’s president and CEO. “We deploy the best technology to help save lives. In short, we care about the motoring public, and we feel our position on a speed limiter rule is based on data, not baseless rhetoric. Driving as fast as you can as long as you like kicks safety to the curb. It’s irresponsible. Safety is a winning issue, and ATA enjoys winning. This issue is no exception.”
Meanwhile, a Republican congressman from Oklahoma has introduced new legislation that would prevent speed limiters from being required. Rep. Josh Brecheen introduced the Deregulating Restrictions on Interstate Vehicles and Eighteen-Wheelers (DRIVE) Act on May 2.
In a news release, Brecheen said the speed limiter mandate “would negatively impact both the agricultural and trucking industries and include vehicles like semi-trucks, livestock trailer/truck combos, grain trucks, and other large commercial vehicles.” He described the mandate as an “overreach by the Biden administration.”
Brecheen is no stranger to the trucking industry.
“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.,” he said. “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.”
FMCSA’s proposed rule to require speed limiters on commercial vehicles with a gross weight over 26,000 pounds will add extra transportation costs to the private sector and make roads less safe, Brecheen contends, noting that one study found that “the frequency of interactions by a vehicle traveling 10 mph below the posted speed limit was found to be 227% higher than a vehicle moving at traffic speed.”
The FMCSA has not said what the maximum speed will be, although it quickly pushed back from a report that the speed is 68 mph.
A spokesperson said that limit was only “an option.”
Groups in support of Brecheen’s legislation include the Owner-Operator Independent Drivers Association (OOIDA), the American Farm Bureau Federation, the National Cattlemen’s Beef Association, the U.S. Cattlemen’s Association, the Western States Trucking Association, the Livestock Marketing Association, the National Association of Small Trucking Companies (NASTC) and the Towing and Recovery Association of America.
“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.”
NASTC President David Owen also spoke out for 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,” 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.”
Driver reactions
Big rigs whiz down Interstate 30 in Saline County, Arkansas, day and night, creating a steady roar that has become a symbol of the area’s commerce.
Mona Sims, a local truck driver who lives in nearby Bauxite, Arkansas, grew up near this interstate and said she couldn’t wait to hit the road in an 18-wheeler. When asked about the speed limiter proposal, Sims, who has been a professional truck driver for 18 years, said she’s given it a lot of thought — but she can’t support it.
“I just think it’s dangerous territory,” Sims said. “I am an independent driver, and this just feels like more government overreach to me. I am a safe driver. I follow all the laws. Why do we need more rules?”
Ralph Sanders drives for a large trucking company. He says he hates the governor that’s been put on his rig by the corporation. It’s limited to 65 mph, and he says it’s often put him into tough positions on the road.
“If I need to get up some speed on a hill or to pass, I can’t,” he said. “I understand it’s about safety, but I think we should at least have 80 miles an hour on these trucks in case we need that extra speed.”
In all, 12 professional truck drivers The Trucker recently surveyed at a Pilot along Interstate 30 all said they were against the proposal.
Two others pledged support for it.
Company driver Paul Gibbons said set speeds can save lives.
“I am all for it, because you get hot shots out there who want to break the law and go as fast as they can, especially in bad weather,” Gibbons said. “If you get these hot heads rigs that can only go, say, 65 mph, they will cool down real quick. We need cooler heads out here on these interstates.”
Rachel Kessler says she supports speed limiters to help save fuel.
“I am an independent driver, but I always drive 65,” she said. “It’s better on my fuel, and it may just help save a little bit of the environment. I know that isn’t a popular subject in this industry, but we need to all do what we can, even if it’s just driving a couple miles slower an hour.”
Born in Pine Bluff, Arkansas, and raised in East Texas, John Worthen returned to his home state to attend college in 1998 and decided to make his life in The Natural State. Worthen is a 20-year veteran of the journalism industry and has covered just about every topic there is. He has a passion for writing and telling stories. He has worked as a beat reporter and bureau chief for a statewide newspaper and as managing editor of a regional newspaper in Arkansas. Additionally, Worthen has been a prolific freelance journalist for two decades, and has been published in several travel magazines and on travel websites.
my opinion on this, as a commercial driver a man or woman if you don’t have enough common since when its safe to drive 70,65,55 they shouldn’t be driving any vehicle. That’s it thank you for letting me post
I think that enough is enough. We have cars passing trucks at high speeds. Road rage everyday over slow trucks holding them up. What’s next no commercial trucks in left lane. Truck drivers better wake up. Theses politicians lines their pockets from theses advocate groups has no clue on what goes on. I believe theses larger companies are behind every bit of it. Safety has nothing to do with it. If it did they would slow the cars down too.
I drive for a small company. truck is ungoverned. cruise control is at 73 mph, on the pedal 76 mph. I use common sense when I drive. bad weather I slow down, cautious around other vehicles. at these speeds I make miles for my job. speed limiters won’t make me drive any safer. it will only put me at more risk of causing unnecessary road rage from other vehicles that are impatient.
46 going on47 years come June, “NO TICKETS OR ACCIDENTS” DC can take their regulations where the sun don’t shine! Obviously I’m a safe, conscientious driver & you NEED to be able to negotiate hills, pass & move America forward safely – what’s next?
The government is actually working on putting limiters in cars as well, however right now the more evident danger are 40 ton vehicles driven by people who don’t give a damn about lives and more about money. I really hope the speed limiters happen so that you idiots who don’t plan out your trips and make this job hard for everyone around you, leave because you cannot adjust to the change. Yall don’t actually look at why the government is so hard on us. Jesus, start with Weigh stations. because idiots would run too heavy, wham Weigh stations to regulate the weight of the trucks. HOS, because, I am just guessing, but those freaking (methpick) idiots who would drive for days without rest, and when their bodies would finally crash, and an accident would occur, usually resulting in a death. All the dumb ass, idiotic, freaking stupid stuff done by drivers in the past has led to the over burdening federal regulations we have on us today. Even now we still have morons who drive over the speed limit on a daily basis, and for what, money over life, what a selfish thing to do. Freaking drive the speed limit, how hard is it. Just recently, driving in the fog, morons were pasting me in fog, going the speed limit or greater, in fog with quarter of a mile visibility of less, WTF. Do you have X-ray vision through the fog, that helps you see what’s ahead. The government would not be on our asses if we actually followed the traffic laws. It is just that simple. We are the trained professionals driving on the road, but some of you think speeding, tailgating, and descending grades at ungodly speeds are normal, and this is when people p le are killed, drivers go to prison, and the government steps in.