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DRIVE Act gaining momentum to block speed limiter mandate –

May 31, 2023 2 min read

The DRIVE Act, a bill to stop attempts to mandate speed limiters on heavy-duty trucks, continues to pick up new passengers.

On May 2, Rep. Josh Brecheen, R-Okla., introduced the Deregulating Restrictions on Interstate Vehicles and Eighteen Wheelers Act. The bill would prohibit the Federal Motor Carrier Safety Administration from moving forward with any rule or regulation to mandate speed limiters.

In recent weeks, HR3039 gained three more co-sponsors, bringing the total to 13. Rep. Elijah Crane, R-Ariz., signed on in support of the DRIVE Act on May 18, and Reps. Randy Weber Sr., R-Texas, and Brian Mast, R-Fla., became co-sponsors on May 23 and May 26, respectively.

Speed limiter rulemaking

Last year, FMCSA issued an advance notice of supplemental proposed rulemaking that considers requiring commercial motor vehicles with a gross vehicle weight of 26,001 pounds or more to be equipped with speed-limiting devices. A top speed was not determined in the advance notice, but previous proposals floated the possibilities of 60, 65 and 68 miles per hour.

According to the Regulations.gov website, about 15,600 comments were submitted to the FMCSA in response to the advance notice. An overwhelming majority of the comments were opposed to a mandate. However, the FMCSA appears poised to move forward with a notice of proposed rulemaking this year.

FMCSA Administrator Robin Hutcheson recently told Land Line Now’s Scott Thompson that a notice of supplemental proposed rulemaking is expected to be released later this summer or in the fall.

While proponents of a speed limiter mandate argue that slowing trucks down will improve highway safety and lessen the severity of crashes, the Owner-Operator Independent Drivers Association argues that a mandate would create dangerous speed differentials.

For instance, a top speed of 60 mph would force trucks to go drastically slower than the speed limit on many highways.

“The physics is straightforward – limiting trucks to speeds below the flow of traffic increases interactions between vehicles and leads to more crashes,” OOIDA President Todd Spencer said when the DRIVE Act was introduced. “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.” LL

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