A proposal to require speed limiters on commercial motor vehicles is still projected to be unveiled in May 2025, according to the Federal Motor Carrier Safety Administration’s latest regulatory agenda.
With a new administration taking control in January, however, it is fair to say the rulemaking’s chances of survival appear low. A big reason for that assessment is because we’ve been here before.
FMCSA and the National Highway Traffic Safety Administration also were working on a speed limiter rulemaking in 2016. That year, the agencies unveiled a joint proposal and noted the rulemaking in the fall 2016 regulatory agenda. President Donald Trump then took office in January 2017, and the rulemaking was left off the spring 2017 agenda.
The effort returned in 2022 under President Joe Biden’s administration, but FMCSA has failed to advance a proposal with a top speed before the end of his term.
Now with Trump set to return to office in January, the chances are high that history will repeat itself.
“Based on the lack of action to push forward with a speed limiter mandate in Trump’s first administration, I don’t think it is going to be a high priority for them to advance the current supplemental notice of proposed rulemaking,” Jay Grimes, OOIDA’s director of federal affairs, told Land Line Now in November.
In addition to Trump’s previous lack of interest in moving the speed limiter rulemaking forward, Republicans will control Congress for the next two years. That is significant, because the DRIVE Act – a bill that would prevent FMCSA from moving forward with a speed limiter rulemaking – has received support from numerous Republicans, including Vice President-elect JD Vance.
Rep. Brad Finstad, R-Minn., who also is a co-sponsor of the DRIVE Act, told Land Line this past week that it’s possible for Congress to pass the bill in the next two years in order to prevent a future speed limiter mandate.
“I think there’s going to be some strategy on how we play offense and defense on some of these issues,” Finstad said.
Other agenda items
FMCSA’s regulatory agenda lists 23 rulemakings at various stages of the process.
In January, FMCSA and NHTSA are projected to issue a final rule mandating automatic emergency brakes on new heavy-duty trucks.
Although time is running out, FMCSA is projected to release notices on automated driving systems, updates to the registration system and minimum training requirements before the year is over.
FMCSA did not project a date for a final rule on its broker transparency proposal. However, this is not unusual, as the comment period remains open through Jan. 21, 2025. The agency will then review those comments to determine whether to move forward with a final rule. LL
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