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Oklahoma congressman files bill to halt FMCSA’s speed limiter rule

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Oklahoma congressman files bill to halt FMCSA’s speed limiter rule
The comment period on the speed limiter proposal ended with more than 15,000 respondents, with most opposed to the measure. However, the FMCSA is moving forward with the rule, and it could be finalized as early as June, according to the Unified Regulatory Agenda.

WASHINGTON — A Republican congressman from Oklahoma has introduced new legislation that would prevent the Federal Motor Carrier Safety Administration (FMCSA) from implementing a speed limiter rule on 18-wheelers.

Rep. Josh Brecheen introduced the Deregulating Restrictions on Interstate Vehicles and Eighteen-Wheelers (DRIVE) Act, on Tuesday, May 2.

In a news release, Brecheen said the rule “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.”

“This overreach by the Biden Administration has the potential to negatively impact all facets of the agricultural and trucking industries. 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.,” Brecheen added. “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 lbs. 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-miles per hour below the posted speed limit was found to be 227% higher than a vehicle moving at traffic speed.”

The FMCSA has not set a maximum speed at this time.

Groups in support of Brecheen’s legislation include: Owner-Operator Independent Drivers Association (OOIDA), American Farm Bureau Federation, National Cattlemen’s Beef Association, United States Cattlemen’s Association, Western States Trucking Association, Livestock Marketing Association, National Association of Small Trucking Companies 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.”

National Association of Small Trucking Companies 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.”

Not everyone is against speed limiters, however.

American Trucking Associations (ATA) President and CEO reiterated in a statement that the ATA supports them.

“The easiest position anyone in Washington can take is ‘No.’ It requires little effort, zero facts and an unwillingness to compromise. ATA isn’t the association of ‘No.’ We put safety first. We deploy the best technology to help save lives,” Spear said. “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.”ATA policy on speed limiters supports electronically governing Class 7 and 8 trucks manufactured after 1992 used in commerce should be governed by tamperproof devices that either limit the vehicle to a fixed maximum of 65 mph or limit the vehicle to 70 mph — with the use of adaptive cruise control and automatic emergency braking.

ATA also believes that the U.S. 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.”“Everyone knows excessive speed kills, and ATA policies support technology to address this irrefutable fact of physics. It is vital that any regulation get the details right, and the technologies are changing every year,” said ATA Executive Vice President of Advocacy Bill Sullivan. “These efforts to prohibit the development of safety policies are misguided, they will lead to more serious crashes, and this bill will never become law, even if it passes the House.”

The comment period on the speed limiter proposal ended with more than 15,000 respondents, with most opposed to the measure. However, the FMCSA is moving forward with the rule, and it could be finalized as early as June, according to the Unified Regulatory Agenda.

The Trucker News Staff

The Trucker News Staff produces engaging content for not only TheTrucker.com, but also The Trucker Newspaper, which has been serving the trucking industry for more than 30 years. With a focus on drivers, the Trucker News Staff aims to provide relevant, objective content pertaining to the trucking segment of the transportation industry. The Trucker News Staff is based in Little Rock, Arkansas.

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The Trucker News Staff produces engaging content for not only TheTrucker.com, but also The Trucker Newspaper, which has been serving the trucking industry for more than 30 years. With a focus on drivers, the Trucker News Staff aims to provide relevant, objective content pertaining to the trucking segment of the transportation industry. The Trucker News Staff is based in Little Rock, Arkansas.
For over 30 years, the objective of The Trucker editorial team has been to produce content focused on truck drivers that is relevant, objective and engaging. After reading this article, feel free to leave a comment about this article or the topics covered in this article for the author or the other readers to enjoy. Let them know what you think! We always enjoy hearing from our readers.

10 Comments

Well we all know Mr. Spear does not know what the hell he is talking about.. First of all Professional truck Drivers do not drive as fast as they can and we definitely do not drive for as long as we can. This dumbass does not even know we are using ELD’s.
If FMCSA and Mr. Spear knew anything about the motoring public they might realize that keeping trucks out of the left lanes in heavy traffic, merging and exit areas they might realize that they are making the motoring public go through a wall of 18 wheelers to merge on the highway meanwhile you have the motoring public trying to exit through the same wall of 18 wheelers at the same time and DUUUHHH you are going to have crashes and the motoring public that cut in line to exit and just stop in the flow of traffic to do so and of course in front of an 18 wheeler and of course they get an 18 wheeler right up there ass.

Well we all know Mr. Spear does not know what the hell he is talking about.. First of all Professional Truck Drivers do not drive as fast as they can and we definitely do not drive for as long as we can. This dumbass does not even know we are using ELD’s.
If FMCSA and Mr. Spear knew anything about the highways They would realize the signs are out of date. FMCSA AND MR SPEAR AND WHOEVER ELSE WANTS TO MAKE RULES AND DO NOT KNOW A DAMN THING ABOUT WHAT IS GOING ON OUT HERE. THEY NEED TO WAKE UP AND QUIT SMELLING THE PERSON WHO SITS IN FRONT OF THEMS ASS AND COME OUT HERE AND SMELL REALITY. PLEASE COME TAKE A RIDE WITH ME BIG BAD HEAD HONCHO GUYS AND GALS. I AM BEGGING YOU. I WILL MAKE YOU SHIT YOUR PANTS I PROMISE. CMON I DARE ANYONE OF YOU TO STEP UP AND GET SOME WINDSHIELD TIME.

Well I will say these young whipper snappers do not remember the days of getting a toothpick from your boss/dispatcher and boy oh boy you could drive from New York to California with no problem. LMAO ust remember this big bad FMCSA/WASHINGTON GIRLS AND GALS. DO YOU SMART PEOPLE WITH A PIECE OF PAPER THAT SAYS YOU ARE REMEMBER WHEN TRUCK DRIVERS WENT HOME BECAUSE OF COVID? YEA YOU FORGOT ABOUT THE EMPTY SHELVES AND HOW EVERYBODY LOVED TRUCK DRIVERS. I DID NOT GET HOME FOR TEN WEEKS AND YOU ALL WERE AT HOME GETTING YOUR MONEY FROM YOU MEANING THE GOVERNMENT. ” IF IT WAS NOT FOR TRUCKS YOU WOULD BE HOMELESS, HUNGRY AND NAKED!!!!

PLEASE FMCSA AND WASHINGTON PEOPLE COME TAKE A RIDE WITH ME OR ANY PROFESSIONAL TRUCK DRIVER THAT IS FROM THIS COUNTRY OF COURSE BECAUSE THAT WILL BE ANOTHER CHALLENGE THAT YOU FACE. HAVE YOU BIG SHOTS EVER THOUGHT THAT MOST OF YOUR OTR TRUCK DRIVERS ARE NOT FROM THIS COUNTRY. YEA I DID NOT THINK SO BECAUSE YOU DO NOT KNOW. THE MOST IMPORTANT THING IS PUT RULES ON THE MONEY MAKING TRUCKS AND THE COMPANY THEY DRIVE FOR. DID YOU EVER THINK TO MAKE THE MOTORING PUBLIC TO LEARN MORE ABOUT CDL RULES AND WHAT A BIG TRUCK TAKES TO STOP. DID YOU EVER EVEN THINK OR YOU JUST COME UP WITH THE BEST BULLSHIT THAT YOU HERE AND THEN VOTE ON THAT BULLSHIT AND THEN PUT THE BULLSHIT INTO EFFECT AND THEN WHAT DO YOU END UP WITH? A BUNCH OF BULLSHIT FOR LAWS ON THE HIGHWAYS FOR TRUCK DRIVERS AND THEN EVERYBODY IS DRIVING AROUND IN BULLSHIT AND IT STINKS JUST LIKE THE RULES AND REGULATIONS YOU MAKE.

The ATA is nothing more than a lobbying group for the mega carriers trying to get rid of small and independent carriers. They don’t give a rats ass about the motoring public or truck drivers.

Obviously, Mr. Mizell feels strongly about his position. While I don’t particularly care for his excessive use of illustrious adjectives, I certainly agree with his ideas. It’s interesting that the FMCSA asks for comments, most of which are not in favor; then ignores them all and moves forward anyway.
This is yet another prime example of government that is completely out of step with reality and it clearly defines their “I don’t care what you think” approach. The vast majority of Americans are tired of having liberal and/or patently stupid agendas shoved down our throats. We pay taxes to keep these boobs and clowns in office, yet they constantly ignore public will and comment. If we could only remember when we go to the polls…

They always go after the trucks with the BS laws. The problem is that the majority of people have not got their mind on what they need it on and that’s driving not their dam phone and all the other BS they thinking about. I see more running into the back of the slow trucks than I have ever have. The government wants to tell us what we can and can’t do and it seems they doing it now days. We need to stop it before it’s too late.

I’ll say the same thing I said about the ELD law. You can’t make a truck safe with a bunch of safety equipment, you need a safe driver, you should be looking at the driving schools and the mega companies that just want a warm body behind the wheel. Anyone that has driven a truck long enough knows that most accidents involve trucks already had ELD’s before it became law and trucks that are already cut back on their speed so please don’t use that as an excuse, just be honest and say it’s the mega companies that are paying certain politicians money under the table to pass laws to get rid of small companies that are in their way. I’ve been driving for 30 years and it’s not the speed or logbooks as much as unqualified drivers.

I’ll say the same thing I said about the ELD law. You can’t make a truck safe with a bunch of safety equipment, you need a safe driver, you should be looking at the driving schools and the mega companies that just want a warm body behind the wheel. Anyone that has driven a truck long enough knows that most accidents involve trucks already had ELD’s before it became law and trucks that are already cut back on their speed so please don’t use that as an excuse, just be honest and say it’s the mega companies that are paying certain politicians money under the table to pass laws to get rid of small companies that are in their way. I’ve been driving for 30 years and it’s not the speed or logbooks as much as unqualified drivers. Thanks

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