FMCSA withdraws long-standing speed limiter rule
On July 24, the U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA), alongside the National Highway Traffic Safety Administration (NHTSA), officially withdrew a proposed rule requiring heavy commercial vehicles be equipped with mandatory speed limiting devices.
The rule, originally proposed to govern trucks with a gross weight of more than 26,000 pounds at 65 miles per hour (mph), traces back to a Notice of Proposed Rulemaking dated Sept. 7, 2016 and an Advance Notice of Supplemental Proposed Rulemaking (ANSPRM) dated May 4, 2022.
According to a July 23 CDLLife article, withdrawal of the rule follows up on efforts made under the Trump administration to deregulate trucks and “improve the lives of American truck drivers.”
Key drivers
In explaining their decision to withdraw the rule, FMCSA and NHTSA pointed to the 2022 ANSPRM, which proved the agencies intended to move forward with the rule.
Additionally, the rulemaking process included a public comment period, which garnered 15,638 total comments, of which nearly 300 supported moving forward with the rule and over 15,000 comments opposed it.
Many critics argued speed limiters could hurt truck driver earnings, especially for owner operators who rely on mileage-based pay and slow deliveries. They raised concerns about industry-wide costs and impacts to small businesses.
FMCSA and NHTSA also cited insufficient data and uncertain benefits, safety technology advancements, economic and operational concerns and federalism and legal issues as key drivers in their decision.
The agencies said the original proposal lacked compelling safety evidence and there were significant gaps in crash avoidance impact statements.
They also noted the growing adoption and advancement of safety systems like automatic emergency braking and forward collision warnings may deliver similar safety gains without mandated limits.
Industry reactions
Withdrawal of the speed limiter rule stirred up mixed reactions across several industries.
Truck drivers and industry groups celebrated the decision, including the Owner-Operator Independent Drivers Association (OOIDA), which submitted thousands of comments in opposition of the rule.
OOIDA President Todd Spencer says, “No one is more committed to safe highways than America’s truck drivers. We share the same goal as every motorist – arriving safely. But forcing trucks to operate below the speed of traffic makes roads less safe by creating speed differences and more risky interactions.”
Similarly, the National Private Truck Council also welcomed the move, noting many trucking fleets voluntarily use speed limiters and favor flexibility over a blanket federal mandate.
On the ag front, the National Cattlemen’s Beef Association (NCBA) voiced their support for the rule’s withdrawal and urged legislation to permanently bar FMCSA from issuing similar mandates in the future.
“America’s livestock haulers know how to safely navigate our nation’s roads, and putting an artificial speed device in the truck with them was only going to create safety hazards, increase risk to drivers and travelers and push livestock haulers out of their jobs,” says NCBA Policy Division Chair Skye Krebs.
“As the holder of a Commercial Driver’s License myself, I know how much training and licensing occurs before a hauler gets behind the wheel. We have full faith in the safe practices of our livestock haulers and appreciate FMCSA and NHTSA standing with drivers by withdrawing this rule. NCBA is committed to supporting livestock haulers and protecting the safety of our roadways,” Krebs adds.
On the other hand, safety advocates such as the National Safety Council (NSC) expressed disappointment with the withdrawal, pointing to research suggesting speed limiters set at 65 mph could prevent hundreds of fatalities and thousands of injuries each year.
NSC urged the U.S. Department of Transportation (USDOT) to reconsider the decision.
“USDOT’s research has proven speed-limiting devices save lives, ensuring truckers can perform their jobs and return home safely,” says Lorraine Martin, NSC chief executive officer. “This is a disappointing rollback of a decades-long effort to reduce speed-related fatalities involving large commercial vehicles. The NSC urges USDOT to reconsider its decision, which will cost lives.”
Hannah Bugas is the managing editor of the Wyoming Livestock Roundup. Send comments on this article to roundup@wylr.net.
