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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 set a maximum speed at this time.
Groups in support of Brecheen’s legislation include the
Owner-Operator Independent Drivers Association (OOI-
DA), 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.”
As companies, individuals, and organizations on both
sides argue their cases, the wheels of government continue
to grind — well below the posted “speed limit.”
TCA JULY/AUGUST 2023 www.Truckload.org | Truckload Authority 7