This act prohibits the Federal Motor Carrier Safety Administration from mandating speed limiting devices on interstate commercial vehicles over 26,000 pounds.
Josh Brecheen
Representative
OK-2
The DRIVE Act prohibits the Federal Motor Carrier Safety Administration from mandating speed limiting devices on heavy commercial vehicles engaged in interstate commerce. This legislation removes any federal requirement for trucks over 26,000 pounds to have their top speed electronically capped. In essence, the bill deregulates restrictions concerning speed control technology for large, cross-state eighteen-wheelers.
The newly introduced Deregulating Restrictions on Interstate Vehicles and Eighteen-wheelers Act—or the DRIVE Act—is short, punchy, and zeroes in on one specific thing: blocking federal safety regulations for big rigs. Specifically, Section 2 of this bill prevents the head of the Federal Motor Carrier Safety Administration (FMCSA) from ever requiring commercial trucks weighing over 26,000 pounds that operate between states to install electronic devices that limit their top speed. This isn't just a suggestion; the bill makes this prohibition absolute, overriding any existing law that might require speed limiters.
For the trucking industry, this is a win for operational flexibility. Carriers and owner-operators who felt that mandatory speed limiters—often set around 65 or 70 mph—slowed down their deliveries and reduced efficiency will see this as a removal of unnecessary red tape. If you’re a logistics manager trying to shave hours off a cross-country route, the ability for your drivers to maintain higher speeds legally on open stretches of highway means faster turnaround times and potentially lower labor costs. The bill effectively removes the federal government's ability to impose this particular safety measure, giving the industry full control over the top speeds of their heavy vehicles (over 13 tons).
But here’s where the rubber meets the road for everyone else. Speed limiters are a safety measure designed to reduce the severity of crashes involving large trucks. When a 40-ton semi-truck is involved in an accident, speed is the biggest factor in fatality rates. By explicitly banning the FMCSA from mandating these devices, the DRIVE Act removes a key tool for federal safety oversight. For the general public—the commuter, the family on a road trip, or the trade worker driving a pickup—this means sharing the highway with heavy commercial vehicles that can legally travel at higher speeds, potentially increasing the risk and severity of accidents, especially in high-traffic or poor weather conditions. This is a clear case where industry flexibility might come at the expense of public safety measures, particularly for communities near major interstate corridors.
What’s particularly notable about Section 2 is how directly it strips the regulatory authority of the FMCSA. It doesn't just pause the rule; it permanently bans the agency from issuing any such rule. This is a specific instance of Congress preempting an agency’s ability to implement a widely discussed safety standard. While carriers can still install limiters voluntarily, removing the mandate means there is no enforceable floor for safety regarding truck speed. For anyone concerned about highway safety, this bill is essentially saying that the economic efficiency of the trucking industry takes priority over a specific, recognized measure aimed at reducing catastrophic truck accidents.