New Bill Aims to Ban Speed Limiter Devices on Commercial Vehicles
On May 2, 2023, Oklahoma Representative Josh Brecheen introduced a bill in the House that would prohibit the Federal Motor Carrier Safety Administration (FMCSA) from issuing a rule or regulation that mandates speed limiting devices on commercial vehicles.
The bill is called the Deregulating Restrictions on Interstate Vehicles and Eighteen-Wheelers (DRIVE) Act or H.R.3039 and has been referred to the House Committee on Transportation and Infrastructure. It currently has five co-sponsors.
New DRIVE Act Backed By Multiple Trade Groups
The proposed legislation aims to prevent the FMCSA from requiring commercial vehicles with a gross vehicle weight of 26,001 pounds or more to be equipped with an electronic engine control unit (ECU) that can limit their speed. The FMCSA announced plans to propose such a rule in April 2022, which received over 15,600 public comments.
Trade groups supporting the DRIVE Act include the American Farm Bureau Federation, Livestock Marketing Association, National Association of Small Trucking Companies, National Cattleman’s Beef Association, Owner-Operator Independent Drivers Association, and Western States Trucking Association.
Safety A Major Concern of Speed Limiting Regulations
Brecheen, the Oklahoma representative who introduced the DRIVE Act, expressed concerns about the impact of the proposed rule requiring speed limiter devices on commercial vehicles. He argued that such a rule would add an unnecessary burden on the agricultural and trucking industries, and that the flow of traffic set by state law is critical for safety. Brecheen cited an example of a rancher transporting cattle across state lines, stating that the rule would require a speed limiter device when the weight of the trailer exceeds 26,000 lbs. According to Brecheen, the federal government is imposing unreasonable regulations on hardworking Americans.
Todd Spencer, President of the Owner-Operator Independent Drivers Association, supports Brecheen’s bill, stating that limiting trucks to speeds below the flow of traffic would increase interactions between vehicles and lead to more accidents. David Owen, President of the National Association of Small Trucking Companies, agrees, saying that mandatory speed limiters would increase speed differentials between cars and trucks and cause more accidents, injuries and potential deaths.
While the FMCSA requested comments on the programming or adjustment of ECUs to impose speed limits on commercial motor vehicles (CMVs), many commenters expressed concern about highway safety and road rage if the speed limiter rule goes into effect. They suggested that better enforcement of passenger vehicle driver behavior would improve highway safety more effectively than limiting the speed of CMVs.
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