Proposed Truck Speed Limiter Rule Now Set for May 2024

The Federal Motor Carrier Safety Administration (FMCSA) announced in May 2022 that the agency would pursue a speed limiter requirement on heavy trucks and buses. FMCSA received over 15,600 (mostly negative) comments in response to that announcement, raising a long list of questions to be answered.

Most folks who filed comments wanted to know what the proposed maximum speed would be, could  a speed limiter be overridden, and under what circumstances, and what model years of trucks would be covered. Initially FMCSA targeted December 29, 2023, for the actual proposal. Now the DOT Significant Rulemakings Report says that a Supplemental Notice of Proposed Rulemaking (SNPRM) on Heavy Vehicle Speed Limiters is anticipated in May this year.

 Here are a few key details from the Rulemakings Report:

“Specifically, motor carriers operating commercial motor vehicles (CMVs) in interstate commerce with a gross vehicle weight rating (GVWR) or gross vehicle weight (GVW) of … 26,001 pounds or more, that are equipped with an electronic engine control unit (ECU) capable of governing the maximum speed [would] be required to limit the CMV to a speed to be determined by the rulemaking and to maintain that ECU setting for the service life of the vehicle.”

Not yet known are the models of affected trucks, whether the speed limiters can be overridden under any circumstances, or even the proposed maximum speed. There are many other questions (penalties, effective date of the rule,  whether FMCSA will maintain a list of acceptable speed limiters, as it has for electronic logging devices, ELDs, etc.). ICSA will reach out to members at such time as the proposal appears and these questions are answered.

Supreme Court Overturns “Chevron Doctrine”

10 July 2024

Anyone who has been in business for any length of time can cite a number of times that federal regulatory agencies have had a free hand in regulating businesses such as trucking. That is why carriers and other industries that want a fair fight to challenge regulations in the future may have been given a gift from the U.S. Supreme Court June 28.

Miss the Deadline to Challenge a Regulation?

10 July 2024

This session, the U.S. Supreme Court overturned the Chevron doctrine, a longstanding policy under which lower courts almost always sided with regulatory agency decisions where the intent of Congress was not clear. Overturning Chevron opened the door, many legal experts believe, to allowing challenges against many existing regulations.