A bill was introduced to the United State Senate and House of Representatives in May that would prevent the Federal Motor Carrier Safety Administration (FMCSA) from mandating speed limiters on commercial motor vehicles and trucks weighing over 26,000 pounds.
Titled the Deregulating Restrictions on Interstate Vehicles and Eighteen-Wheelers (DRIVE) Act, the bill is in response to previous proposals going as far back as 2006 from FMCSA and National Highway Traffic Safety Administration (NHTSA) that would require these vehicles to have speed limiters to improve road safety. FMCSA reported that the most common violations from truck drivers in 2021 inspections included speeding 6-10 mph over the speed limit, totaling 63,950 violations.
Both FMCSA and the U.S. Department of Transportation’s (USDOT) National Roadway Safety Strategy aimed to reduce speeding related accidents using speed management techniques and policies. Initially, FMCSA had plans to introduce a Speed Limiter Proposal in 2022, but it was later delayed to mid-2025. With the creation of the DRIVE Act, this proposal would not be able to move forward.
About the Bill and FMCSA Proposals
The DRIVE Act was introduced by Sen. Steve Daines (R-MT) to the Senate and is a companion bill to legislation that Rep. Josh Brecheen (R-OK) introduced to the House of Representatives the previous month.
In January, several trucking groups wrote a letter to President Trump asking him to postpone the FMCSA’s proposed rulemaking indefinitely, arguing that the proposal rule would make it harder for businesses to attract and retain their professional drivers, stating it would lead to the need for more trucks to haul the same amount of freight and create more highway congestion.
Authors of the letter and supporters of the bill include:
- Owner-Operate Independent Drivers Association
- National Association of Small Trucking Companies
- Mid-West Truckers Association
- Towing and Recovery Association of America
- North American Punjabi Trucking Association
- Several agricultural and construction-related organizations
Majority of original equipment manufacturers already install electronic engine control units in commercial motor vehicles (CMVs) and have been since 2003, with most of them already equipped with the technology. FMCSA’s Speed Limiter Proposal would require the technology on all CMVs and was created due to concerns about the number of CMV crashes and fatalities that occur at high speeds.
In 2019, a total of 860 fatal crashes occurred in areas with speed limits of 70-75mph and 24 fatal wrecks where the speed limits were 80-85mph. Twenty percent of all fatal crashes happened in places where the speed limits were in those ranges.
FMCSA’s Notice of Intent announced the administration’s commitment to continue with a supplemental rulemaking proposal and requested public comments about the topic. The goal was to pursue a carrier-based approach, as opposed to the original equipment manufacturer approach used in the previous Notice of Proposed Rulemaking from 2016 that they released jointly with NHTSA. While the proposal did not include a specific maximum speed, regulatory text or estimates of the costs and safety benefits, it would have required speed limitations on certain CMVs that work within interstate commerce.
However, the DRIVE Act would prevent FMCSA, NHTSA or other groups from requiring these restrictions for large CMVs.
Speed Limiter Facts and Arguments Surrounding Them
A Heavy Duty Trucking/Work Truck Safety study concluded that speed limiters are the most common piece of safety technology for CMVs at 51% of survey respondents using them, with larger fleets more likely to use the equipment than smaller fleets. The most common maximum speed used ranged from 68-70 mph.
Over 1,000 lives are lost every year because of speeding semi tractor-trailers and other heavy work trucks. Studies done by USDOT found that trucks with speed limiters were involved in half the number of collisions as those that do not, and Congressional Research Service reports estimate 63 to 214 lives could be saved and 70 to 236 serious injuries prevented annually.
Those that argue against speed limiters say the equipment would result in CMVs traveling up to 20-25 mph slower than the average flow of traffic. Some claim that this split speed could lead to more traffic and passenger vehicles engaging in aggressive driving to avoid trucks, risking more accidents. However, this implies there are currently no speed differences on highways. Anyone who regularly travels on highways can see that drivers already travel either at/slightly below the speed limit or drive well above it. Additionally, truck companies that have been using speed limiters on CMVs for years have not reported difficulties with speed differences in higher-speed states or reversed their choices to use the equipment in their fleets.
Ultimately, speed-limiting devices reduce excessive speeding risks. Accidents that occur at slower speeds are generally less likely to cause fatalities than higher speed crashes. It is also easier for drivers to remain in control of their vehicles in worst-case scenarios at slower speeds, preventing severe crashes.
Additionally, speed limiters allow for better fuel efficiency for CMVs, optimizing the truck’s fuel consumption by remaining in an efficient speed range. This reduces carriers’ operating costs, as well as contributing to environmental sustainability.
This equipment also enables compliance with speed limits and regulations. Speed limiters make it simpler for law enforcement to enforce posted speed limits, while also protecting drivers and their operating companies when accidents do happen because the devices provide detailed evidence of a vehicle’s speed at the time of a wreck.
Final Thoughts
The passing of the DRIVE Act will prevent organizations like FMCSA and NHTSA from making American roadways safer for all drivers. Speed limiters have been the standard for semi-trucks and other large CMVs in the European Union since 2002, and the United States is the only leading country without a similar requirement. This law will ensure that does not change.
A study from the Ontario Ministry of Transportation found that at-fault collisions involving large CMVs that are speed-related decreased by 73% after the implementation of a speed-limiter requirement. That same research also concluded there is “absolutely no evidence” that speed-limiters contribute to crashes with other vehicles as a result of speed differences.
The DRIVE Act will prevent the saving of lives on American roadways.
Have You or a Loved One Been Injured Because of Speeding? Craig, Kelley & Faultless Can Help
Attorneys at Craig, Kelley & Faultless are prepared and have the experience to help victims and their loved ones involved in commercial vehicle wrecks through every aspect of their case. Both attorneys David W. Craig and Scott A. Faultless are board-certified in truck accident law by the NBTA, accredited by the American Bar Association. The firm also has a rapid response team—including investigators, reconstructionists and mechanics—that is sent to the scene of a wreck to collect evidence as soon as the firm is hired.
Their team-centered approach puts client needs at the forefront, and several attorneys will work on your case to achieve the best possible outcome.
Reach out for a free case consultation today at (800) 746-0226 or online.
David W. Craig is board-certified by the National Board of Trial Advocacy, accredited by the American Bar Association in Truck Accident Law. He sits on the Board of Regents of the Academy of Truck Accident Attorneys (which requires the board certification in truck accident law). He is the managing partner and one of the founding partners of Craig, Kelley & Faultless LLC. He is recognized as a Top 10 Trucking Trial Lawyer and Top 100 Trial Lawyer in Indiana by the National Trial Lawyers, as well as a Top 50 Indiana lawyer by Super Lawyers. David is the author of Semitruck Wreck, A Guide for Victims and Their Families and It’s Never Been Easier to Hire the Wrong Attorney, both written to help people navigate what comes next after a tragic wreck. He also hosts the podcast After the Crash, where you can gain valuable information about the dangers involving semis and large trucks that do not follow safety protocol regarding speed, weather conditions, maintenance upkeep, etc.
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