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Lawmaker vows to block speed limiters on trucks

DRIVE Act introduced in response to anticipated proposed rule from FMCSA

Livestock trucking would be harmed by speed limiter rule, according to Brecheen. (Photo: Jim Allen/FreightWaves)

WASHINGTON — An Oklahoma lawmaker is taking a preemptive shot at a truck speed limiter proposed rule scheduled to be published this year, introducing a bill aimed at stopping it.

The Deregulating Restrictions on Interstate Vehicles and Eighteen-Wheelers (DRIVE) Act, introduced in the U.S. House on Tuesday by Republican Josh Brecheen, would prohibit the Federal Motor Carrier Safety Administration from “implementing any rule or regulation requiring vehicles over 26,000 pounds that are engaged in interstate commerce to be equipped with a speed limiting device set to a maximum speed,” according to a statement from Brecheen. A draft of the bill was not yet available.

U.S. Rep. Josh Brecheen

FMCSA stated in a notice of intent issued last year that the agency would be proposing that interstate commercial trucks with a gross vehicle weight rating (GVWR) or gross vehicle weight (GVW) of 26,001 pounds or more, whichever is greater, be equipped with an electronic engine control unit capable of governing a yet-to-be-determined maximum speed. The notice generated over 15,000 comments, mostly from drivers or small carriers staunchly opposed to it.

Brecheen, a fourth-generation rancher and former trucking company owner, argues the rule would harm the agricultural sector as well as the trucking industry generally because it would include livestock trailer/truck combos and grain trucks.


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

“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.”

Brecheen cited a 2005 study that found that interactions among vehicles traveling 10 mph below the posted speed limit were 227% higher than among vehicles moving at traffic speed. Such interactions lead to more crashes, said Todd Spencer, president of the Owner-Operator Independent Drivers Association, which supports Brecheen’s bill.


“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,” Spencer commented.

The bill also has the support of the National Association of Small Trucking Companies, Western States Trucking Association, American Farm Bureau Federation, National Cattlemen’s Beef Association, United States Cattlemen’s Association, Livestock Marketing Association, and the Towing and Recovery Association of America.

The American Trucking Associations, which developed a speed-governing policy for commercial trucks in 2007, initially supported a fixed maximum speed of 65 mph for all Class 7 and 8 trucks with electronic speed governors manufactured after 1992. ATA has since revised its policy to take into account the latest safety technology, and for those types of trucks it now supports speed limiters set to a maximum of 70 mph.

In responding to Brecheen’s bill, ATA suggested that the U.S. Department of Transportation conduct a recurring five-year review of speed governing regulations to ensure they are consistent with current technologies.

“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.”

Click for more FreightWaves articles by John Gallagher.

32 Comments

  1. Ellis Trahan

    Since the ATA and the democrats are so eager to over regulate and cut the pay of the men and women that make sure they have all the nice things they have, then let them all agree to a 30% cut in pay since that is what they are doing to us. I’ve been out here 25 years and watched the trucking industry get more and more regulated. It seems every 3 or 4 years they want to slap us with more regulations. I say a complete shutdown of the trucking industry if this passes. Then let them answer to their constituents why they won’t leave the truck drivers alone. Also, they should pass a bill in congress saying that the American voters should decide when they get a paradise, not themselves. Rant over!

  2. Rhett Brown

    The only way speed limiters can work is to limit ALL vehicles on the highway to the same speed. That won’t happen because politicians are too afraid they’ll lose their cushy jobs

  3. Albert J Boyd

    The Problem is that they Need to Focas on Speed Limiters for vehicles under 26000 lbs, I have been driving across this country for 31 years and the problem I see is the cars are the issue here. Interstate Highway system were made for movement of commercial supply and Military equipment. Cars are a guess to the system and they should be the ones train properly who must watch out for so Mammoth vehicles they call a threat. Next the cars will want every train to stop at every railroad crossing to see if a Car is crossing the railroad. While I was station in Germany, before you can get your driver license to drive you had to pass the commercial driver test before you can get your license to drive and auto and the same should be here in the USA. The problem want go away until you fix the issue that’s causing the rash.

  4. Thomas Duncan

    Let’s just put speed limiters on everything, not just CMV’s. Cars, pickup trucks, motorcycles, box trucks, everything. Let’s have everyone and everything move at one set speed. Even politicians. From Yugo’s to McLaren’s, station wagons to supercars, if it operates on an US roadway it should be governed. Stop singling out CMV’s for special regulations.

  5. David A Williams

    4 Wheelers are already causing Crashes because of Slower moving trucks, If all Vehicles on the Highways are moving with similar speeds the flow of Traffic is uncumbed, Slower moving Vehicles are a Hazard, because most 4 Wheelers are traveling at Greater Speeds, & Create Dangerous Situations by Passing recklessly, We need All vehicles traveling at similar Speeds to keep our Highways Safer, 62 MPH Big Trucks are probably the Most DANGEROUS OUT THERE, SOMEONE PLEASE USE SOME SENCE IN Making THIS DECISION ,!!!

  6. Charles cannaday

    The ATA doesn’t represent truck drivers it’s a shame group of rate cutting trucking companies that want to drive out owner operators so they don’t have to cut rates as much

  7. Ron Wilson

    No matter how safe and courageous a truck driver tries to be, there is always a four wheeler flying up beside you playing on the phone !! Why Don’t the “Bill” Pushers do Something About the use of phones while driving? Make it where if you are on the phone without a headset or you are texting, you crank your car and put it in gear, the phone cuts OFF and will Not work till you stop the car and put it in neutral

Comments are closed.

John Gallagher

Based in Washington, D.C., John specializes in regulation and legislation affecting all sectors of freight transportation. He has covered rail, trucking and maritime issues since 1993 for a variety of publications based in the U.S. and the U.K. John began business reporting in 1993 at Broadcasting & Cable Magazine. He graduated from Florida State University majoring in English and business.