Arlington, VA (August 26, 2016) – After ten years since a petition for rulemaking was filed, the National Highway Traffic Safety Administration (NHTSA) and the Federal Motor Carrier Safety Administration (FMCSA) just released a Notice of Proposed Rulemaking (NPRM) for the Heavy Vehicle Speed Limiter rule. TSC supports a rule that extends the set speed requirement to all commercial motor vehicles (CMVs) with a gross vehicle weight rating of more than 26,000 pounds that are already equipped with a speed limiting device, and that requires the speed limiters to be set at 65 miles per hour. Unfortunately, this proposed rule fails to outline either of these requirements.
As TSC has stated before, this technology has been built into most truck’s engine control module (ECM) since the 1990s. The agencies reaffirmed this in the NPRM. Nevertheless, they have chosen, so far, to only apply this rule to new trucks, while asking for comment “on whether to require that the speed limiting devices in these older CMVs be set to a speed not greater than a maximum specified set speed.” It is unreasonable that in the ten years since the petition was filed and after acknowledging in their NPRM that ECMs “have been installed in most heavy trucks since 1999,” that NHTSA and FMCSA were unable to propose a rule that extended to older CMVs with this technology already installed.
Furthermore, it is discouraging that after all of these years the agencies were unable to decide upon a speed limit, 60 mph, 65 mph, or 68 mph. That is a range of eight miles per hour. This may seem like a minimal difference in speed, but as the agencies note in their NPRM – this can have a huge effect on the impact force during a crash: “As speed increases, so does the amount of kinetic energy a vehicle has.” So how can the agencies note that a difference of five miles per hour can greatly enhance the kinetic energy of a vehicle, while considering setting speed limiters at 60 mph or 68 mph? The fact of the matter is that the agencies should have selected a speed to set the limiters before publishing the NPRM so that the public could have commented on their choice; asking for comments on all three options should have been asked when the petition was granted back in 2011.
We hope between now and the publication of this rule, NHTSA and FMCSA remember that their primary goals are to promote safety, and will implement a commonsense, life-saving rule.