Fleet Management News & Business Info | Commercial Carrier Journal
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6 commercial carrier journal | november 2016 ATA to FMCSA: Not so fast on speed limiter proposal Industry groups call for DOT to go back to the drawing board BY JEFF CRISSEY A decade ago, the American Trucking Associa- tions petitioned for a rule to govern the top speed of commercial vehicles. In September, the Federal Motor Carrier Safety Administration and the National Highway Traffic Safety Administration finally issued a notice of proposed rulemaking on the subject. Last month, however, ATA formally withdrew its support of the proposal as written, calling it a "dra- matic departure" from its initial request. ATA hasn't thrown in the towel on the idea of speed limiters on trucks, but the federation is at odds with the lack of clarity in the proposal that provides three speed options: 60, 65 or 68 mph. FMCSA and NHTSA floated the three speed limits to garner feedback from industry and safety groups before issuing a final rule. The FMCSA/NHTSA speed limiter proposed rule also doesn't offer clear language on if the rule would apply retroactively to trucks already in use, and to what extent the rule would be retroactive if that option was pursued. Understandably, it's hard for ATA and many other trucking groups to get behind a proposal that could have a wide range of impact on highway congestion and safety. The 60-mph speed limiter almost certainly would clog already congested interstate lanes, as nearly every truck on the road would bump the limit. A 65- mph limit likely is more palatable to industry groups, but clearly 68 mph offers the most flexibility for drivers and carriers. This was the thinking behind ATA's initial 2006 peti- tion. It advocated for governed speeds of 68 mph, with the idea that trucks would run at 65 mph and have a 3-mph reserve to be used for pass- ing slower vehicles. Opponents, including the Owner-Operator Independent Drivers Association, saw the idea as nothing more than an olive branch to safety advocacy groups and a potential bargaining chip for the size-and- weight debate that would follow. Today, both ATA and OOIDA are aligned in their opposition. Specifically, ATA is concerned about the lack of science and measurable safety data in the FMCSA/NHTSA proposal, and both groups take um- brage with the agencies' failure to address any of the three proposed speeds in relation to speed limits in certain states. Driving a truck on congested highways is an inher- ently stressful occupation, but if you imagine travel- ing at a top speed of 60 mph in the 80-mph speed limit state of Wyoming or certain 85-mph speed limit stretches of Texas where four-wheelers legally whiz by your big rig, the job might seem downright dangerous. For two federal agencies whose mission is to improve highway safety, the proposal's failure to address such considerations is frustrating. "This lack of data and direction only elevates the safety risks to the motoring public," said ATA president and CEO Chris Spear in response to the proposed rule. "A mandate for a one-size-fits-all speed limiter will squelch innovation in technologies to enhance safety and accommodate not only highways, but potentially secondary roads and beyond." Both groups have petitioned the U.S. Department of Transportation for an extension of the comment period. The day may come when all vehicles use geolocation and flashing-over-the-air technology to automatically gov- ern top vehicle speeds based on current speed limit zones. Until that day comes, however, perhaps faster is safer. If NHTSA and FMCSA's goal is to curb speeding and improve safety, a rule governing commercial vehicle speeds at 70 mph – the speed limit for most rural interstates across the country – could eliminate truck speeding in those zones and mitigate the risk of ac- cidents caused by an otherwise wide speed discrepancy between passenger cars and trucks. UPFRONT JEFF CRISSEY is Editor of Commercial Carrier Journal. E-mail jcrissey@ccjmagazine.com.