The Federal Motor Carrier Safety Administration (FMCSA) recently stirred up quite a bit of buzz in the trucking industry with its proposed top speed for the speed limiter rulemaking. However, in an unexpected turn of events, the agency retracted its statement, leaving trucking professionals curious about what the future holds for speed limiters. In this blog, we’ll delve into the details surrounding the FMCSA’s speed limiter Proposal and its potential impact on the trucking industry.

FMCSA Unveiling the Proposed Top Speed

In late September, the FMCSA released a report suggesting its intended top speed for the speed limiter rule, setting the limit at 68 mph for most commercial motor vehicles. This revelation sparked discussions and concerns within the trucking community.

However, it didn’t take long for the FMCSA to backtrack on its statement.

Soon after the initial announcement, the FMCSA clarified that 68 mph was just one of the options being considered for the upcoming proposal. The agency stated that no final decision had been made regarding the maximum speed limit to be proposed in the forthcoming supplemental notice of Proposed Rulemaking.

It remains unclear whether the inclusion of the 68 mph figure was a genuine proposal that had to be retracted or a procedural error. Regardless, the FMCSA emphasized that significant rulemakings, including speed limiter proposals, must undergo review by the White House Office of Management and Budget (OMB) before publication and public comment.

The Path Forward

While the specific proposed top speed is still unknown, the FMCSA is on track to release a supplemental notice of proposed rulemaking by December 29, 2023. This document is expected to provide more details, potentially including the actual top speed to be mandated.

However, the timeline for the proposal’s release and implementation remains uncertain. OMB’s approval process can be lengthy, sometimes taking months. For context, a previous speed limiter proposal spent 15 months under OMB review.

Once the supplemental notice of proposed rulemaking is published, the public will have an opportunity to submit comments. The FMCSA will need to review and consider these comments, a process that can be time-consuming. Even with efficient progress, it is unlikely that any rule will take effect before 2025.

A Glimpse into the Past

Efforts to mandate speed-limiting devices on heavy-duty trucks have a long history. The discussion dates back to 1991 when the National Highway Traffic Safety Administration (NHTSA) first examined the topic. In 2006, the American Trucking Associations (ATA) petitioned NHTSA to limit truck speeds to 68 mph.

The topic resurfaced in 2016 when FMCSA and NHTSA jointly issued a notice of proposed rulemaking. However, the proposal was shelved when a new administration took office in 2017.

In 2022, FMCSA revisited the idea by issuing a supplemental advance notice of proposed rulemaking, considering speed-limiting devices for most commercial motor vehicles with a gross vehicle weight of 26,001 pounds or more.

The Battle Against Rulemaking

A bill in both the House and the Senate, known as the DRIVE Act, seeks to render FMCSA’s work on speed limiters inconsequential. Introduced by Rep. Josh Brecheen and Sen. Steve Daines, the DRIVE Act aims to halt FMCSA’s rulemaking on speed limiters.

The legislators argue for states’ rights and safety as reasons to prevent a national speed limiter mandate. This bill represents ongoing efforts to address concerns surrounding speed limiters within the trucking industry.

While the FMCSA’s recent speed limiter proposal has raised questions and uncertainties, the trucking community remains engaged in discussions and advocacy to shape the future of speed limit regulations in the industry. As the proposal continues to evolve and undergo regulatory processes, trucking professionals will be closely monitoring developments that impact their operations.