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CAPITOL recap<br />

A REVIEW OF IMPORTANT NEWS, LEGISLATION, REGULATIONS,<br />

AND OTHER FACTORS IMPACTING THE TRUCKING INDUSTRY<br />

Stories by John Worthen<br />

??<br />

The possibility of a mandate requiring speed limiters on Class 7 and Class 8 trucks remains a hotly debated issue within the trucking industry.<br />

Waiting Game: industry anticipates<br />

FMCSA’s speed limiter ruling<br />

The Federal Motor Carrier Safety Administration’s (FMC-<br />

SA) proposal to require truck owners and fleets to implement<br />

an engine control unit — also known as a speed limiter<br />

— in all trucks manufactured after 2023 has created somewhat<br />

of a stir in the trucking industry.<br />

As of this writing, the FMCSA was expected to make its final<br />

ruling on the issue by the end of December, according to<br />

Dave Heller, senior vice president of safety and government<br />

affairs for the Truckload Carriers Association (TCA).<br />

“The timeline, of course, is interesting, as it seems as if<br />

the agency always issues its most contentious rulemakings<br />

over the holiday season,” Heller said. “That being said, we<br />

will be on the lookout for it when it hits the Federal Register<br />

so that we can comment appropriately.<br />

“At this point, we expect the agency to announce what<br />

their speed limiter target could be and whether or not they<br />

have allowed for some flexibility in the proposal,” he continued.<br />

“The ‘set it and forget it’ mentality is long gone,<br />

replaced by tech that can be adaptable to drivers and their<br />

safety performance.”<br />

Whatever rule ends is issued, not everyone will be happy<br />

with it, said TCA Chairman Dave Williams.<br />

“At the end of the day, the rule needs to be simple, and it<br />

needs to be soundly based on data and science,” Williams<br />

said. “As an industry, we have done a great job over the<br />

years improving safety. I do believe, as unpopular in some<br />

circles as this may be, that speed limiters will help us get<br />

to the next level of safe operations. Rather than speculating<br />

further, let’s see what comes out and go from there.”<br />

The FMCSA did not say exactly what number it plans to<br />

choose as the governed speed. In September 2023, the agency<br />

published information indicating the chosen speed would<br />

be 68 mph, but that report was quickly removed. As of this<br />

writing, the agency has said nothing else about the matter.<br />

The 2023 proposal is a follow-up to a 2016 joint proposal<br />

between the FMCSA and the National Highway Traffic Safety<br />

Administration for commercial motor vehicle speed limiters.<br />

The 2016 proposal did not gain traction.<br />

During its initial review on the Federal Register as part<br />

of a supplemental notice of proposed rulemaking, the most<br />

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8 Truckload Authority | www.Truckload.org TCA JANUARY/FEBRUARY 2024

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