Oklahoma Congressman Proposes Bill to Prevent FMCSA Speed Limiter Mandate

A House of Representatives bill has been introduced that would prevent the Federal Motor Carrier Safety Administration (FMCSA) from mandating speed-limiting technology on most heavy-duty trucks. The bill has garnered mixed reactions from major trucking industry advocacy groups, with some supporting it while others are opposed to it.

Oklahoma Republican representative, Josh Brecheen, introduced a new bill in the House of Representatives called the Deregulating Restrictions on Interstate Vehicles and Eighteen-Wheelers (DRIVE) Act on Tuesday. The act seeks to prevent the Federal Motor Carrier Safety Administration (FMCSA) from mandating speed-limiting technology on heavy-duty trucks weighing over 26,000 pounds that are used for interstate commerce. The bill aims to block any rule or regulation that would require a maximum speed to be set on these vehicles using a speed-limiting device.

Brecheen said in a statement that the proposed speed-limiting regulation would negatively impact both the agricultural and trucking industries.

“This overreach by the Biden Administration has the potential to negatively impact all facets of the agricultural and trucking industries,” said Brecheen. “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. 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.” 

Several Republican Representatives have joined Oklahoma’s Josh Brecheen in co-sponsoring the Deregulating Restrictions on Interstate Vehicles and Eighteen-Wheelers (DRIVE) Act. These co-sponsors include Pete Sessions from Texas, Lauren Boebert from Colorado, Scott Perry from Pennsylvania, Eric Burlison from Missouri, John Moolenaar from Michigan, and Matt Rosendale from Montana.

The American Trucking Associations, which supports the use of speed limiters, responded to Brecheen’s legislation.

“The easiest position anyone in Washington can take is ‘No.’ It requires little effort, zero facts and an unwillingness to compromise,” said ATA President and CEO Chris Spear. “ATA isn’t the association of ‘No.’ We put safety first. 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,”

The American Trucking Associations (ATA) has stated that it is in favor of electronically governing Class 7 and 8 trucks manufactured after 1992 that are used in commerce. The ATA recommends the use of tamperproof devices to limit these vehicles to a fixed maximum of 65 mph or to 70 mph with the use of adaptive cruise control and automatic emergency braking. The association also suggests that the Department of Transportation should conduct a recurring five-year review of speed governing regulations to ensure that they are still appropriate and consistent with currently available technologies.

“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’S Chris Spear

ATA Executive Vice President of Advocacy Bill Sullivan said, “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 Owner-Operator Independent Drivers Association had a different outlook.

“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.”

Several organizations have expressed their support for Josh Brecheen’s Deregulating Restrictions on Interstate Vehicles and Eighteen-Wheelers (DRIVE) Act. These organizations include the 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 Towing and Recovery Association of America.

The Federal Motor Carrier Safety Administration (FMCSA) plans to release a proposed rule on speed limiters in June. The rule has been under consideration since 2016, but it does not recommend a specific speed limit for trucks to be limited to.