Controversial Speed Limiter Proposal Sparks Battle over States’ Rights

speed limit 55 sign

In a move that could have massive implications for road safety, the Federal Motor Carrier Safety Administration (FMCSA) is proposing to strip states of their authority to set separate speed limits for cars and heavy-duty trucks.

The proposal aims to establish a uniform speed limit for all vehicles on highways, regardless of their size or weight. However, critics argue that this infringes on states’ rights and undermines their ability to prioritize safety.

At the center of the debate is the DRIVE Act, a bill designed to protect states’ autonomy by preventing the FMCSA from mandating speed-limiting devices on commercial motor vehicles.

“We need the ability to have our state legislators and state senators to listen to the people and make adjustments,” said Rep. Josh Brecheen, R-Okla., who introduced the DRIVE Act in the House. “When the federal government does something, it’s put in place, and ingenuity and creativity are often lost. We need the ability to adjust to different conditions.”

Could speed limiters become mandatory for commercial trucks?

The (FMCSA) has been considering a new rule that would require commercial trucks weighing 26,001 pounds or more to be equipped with speed limiters. While the proposed rule does not specify a top speed, safety groups are pushing for a maximum limit of 60 mph.

The FMCSA is expected to release a formal proposal with a specific top speed later this year.

Critics of mandated speed limiters raise concerns about the potential for dangerous speed differences on highways. For example, in states with speed limits of 70 mph, there could be a speed difference of around 15 mph between trucks and other vehicles. In states with speed limits as high as 85 mph, this difference could be even greater, reaching 30 mph or more.

Empowering States: The Evolution of Speed Limits

Since the repeal of the National Maximum Speed Law in 1995, the power to establish speed limits on state highways has been entrusted to individual states. Initially, many states chose to maintain speed differentials between large trucks and passenger vehicles; however, a growing trend over the past 15 years reflects the elimination or reduction of these disparities.

Today, only eight states uphold speed limit differentials on certain sections of roadway: California, Idaho, Montana, Oregon, Washington, Arkansas, Indiana, and Michigan.

Recently, Montana made headlines by revising its legislation on speed differentials. Previously, cars were authorized to travel at 80 mph on rural interstates, while trucks were limited to 65 mph. In 2019, Montana law was revised to increase truck speeds to 70 mph.

While this change was celebrated as a step in the right direction, advocates for eliminating speed limit differentials argue that more needs to be done.

“Speed limits should be set to keep traffic flowing freely. Currently, trucks are set at 10 mph below the rest of traffic, which causes congestion on our highways,” Rep. Josh Kassmier, R-Fort Benton, testified at the time. “It is my belief that allowing traffic to flow more freely is in the best interest of everyone’s safety.”

Illinois and Ohio removed 10 mph speed limit differences a decade ago for safety reasons. Former Illinois Governor Pat Quinn emphasized that studies proved accidents are less likely when cars and trucks travel at the same speed. Ohio also implemented uniform speed limits after extensive efforts by the Owner Operator Independent Driver Association (OOIDA) to educate state officials and law enforcement about the correlation between vehicle speed differences and crashes.

The DRIVE Act

Introduced by Representative Brecheen in May, this game-changing legislation is gaining serious momentum. With 27 co-sponsors on board for HR3039, it’s clear that this initiative is striking a chord.

The DRIVE Act isn’t just making waves in the House. Senator Steve Daines, a Republican from Montana, has also jumped on board, introducing the Senate version of the bill on July 27. With eight co-sponsors backing S2671, it’s clear that this legislation is earning bipartisan support.

According to Daines, the DRIVE Act recognizes that speed limits shouldn’t be a one-size-fits-all solution. Instead, it takes into account a state’s unique geography and population when determining speed limits. Daines even goes as far as to argue that a mandate on speed limits could actually decrease safety.

“I think the average person is going to look at and see that it’s going to create unsafe driving conditions,” Daines said. “You have slow-moving trucks and fast-moving vehicles. The truck is on the road for longer periods of time. That’s not a good thing.”

 

Source: Land Line