DRIVE Act Introduced to Prohibit Speed Regulation Devices on Large Commercial Vehicles

by Colter Brown

This week, Oklahoma Representative Josh Brecheen introduced the Deregulating Restrictions on Interstate Vehicles and Eighteen Wheelers Act, or DRIVE Act.

The bill would prohibit the Federal Motor Carrier Safety Administration from “implementing any rule or regulation requiring vehicles over 26,000 pounds that are engaged in interstate commerce to be equipped with a speed limiting device set to a maximum speed.” 

In 2022, the FMCSA issued a notice of intent that it was considering rules requiring speed-limiting devices for certain large commercial vehicles.

“This overreach by the Biden Administration has the potential to negatively impact all facets of the agricultural and trucking industries. The flow of traffic set by state law is critical for safety instead of an arbitrary one-size-fits-all speed limit imposed by some bureaucrat sitting at his desk in Washington, D.C.,” said Congressman Josh Brecheen.

Brecheen added, “This rule will add one more needless burden and Congress must stop it. For example, if a rancher is transporting cattle in a trailer across state lines, under this rule, the federal government would require a speed limiter device when above 26,000 lbs. Out-of-control bureaucrats are trying to impose ridiculous regulations on Americans who are trying to make ends meet.”

One study found that the “The frequency of interactions by a vehicle traveling 10-miles per hour below the posted speed limit was found to be 227% higher than a vehicle moving at traffic speed.” 

Groups in support of the legislation include: Owner-Operator Independent Drivers Association (OOIDA), American Farm Bureau Federation, National Cattlemen’s Beef Association, United States Cattlemen’s Association, Western States Trucking Association, Livestock Marketing Association, National Association of Small Trucking Companies, and Towing and Recovery Association of America. 

U.S. Cattlemen’s Association Transportation (USCA) Committee Chairman Steve Hilker issued the following statement: 

“Our members are responsible for the daily transportation of millions of animals. Livestock haulers must take into consideration the welfare of their cargo which means avoiding rough-road conditions, adjusting speed, and being more aware of their surroundings to prevent animal injury.

“USCA is opposed to any federal mandate that limits a driver’s autonomy over their own truck and trailer. We’d like to thank Rep. Brecheen for his support of our nation’s livestock haulers through the introduction of the DRIVE Act.”

The bill was co-sponsored by Reps. Pete Sessions, R-Tex., Lauren Boebert, R-Colo., Scott Perry, R-Pa., Eric Burlison, R-Mo., John Moolenaar, R-Mich. and Matt Rosendale, R-Mont.

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USCA/Rep. Josh Brecheen

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