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09/06/2007 Push On For Federal Truck Speed Limits
A number of the largest for-hire motor carriers in the U.S. have joined forces with a public safety interest group in filing a petition with the Federal Motor Carrier Safety Administration (FMCSA). The petition seeks a federal mandate to require that electronic speed governors in class 7 and 8 trucks be set at no more than 68 mph.
This is believed to be the first such joint filing of a petition with the FMCSA by a combination of major industry representatives and a national public safety group. The petitioners include Schneider National Inc., J.B. Hunt Transport Inc., CR England Inc., Covenant Transport Inc., and Dart Transit Company, as well as Road Safe America.
Don Osterberg, vice president of safety and training for Schneider National Inc., called the effort to set maximum speed limits on electronic governors “one of the most important safety initiatives in commercial vehicle transportation in the last 20 years.”
The filing of the petition is a radical departure from the way motor carriers usually interact with the Department of Transportation regarding new mandates and regulations. Normally motor carriers respond to proposals and initiatives that come from the federal government. In this case however it is the transportation industry itself that is taking the lead in proposing a major change to industry standards.
“Historically, carriers have waited for regulations to come down from the federal government and not been actively engaged in the process. What’s unique in this filing is that a core group of responsible carriers is stepping up and initiating a proactive change for improving public safety. This is good for drivers, good for the motoring public and good for the entire trucking industry,” said Don Osterberg.
The move by U.S. motor carriers and safety advocates to make the use of speed limiters mandatory comes on the heels of similar recent efforts by their Canadian counterparts. The Canadian Trucking Alliance, (CTA) along with all of the provincial trucking associations in Canada have already endorsed a plan to set speed limiters on trucks in Canada to a maximum of 105km/hr, or 65 mph. The law would apply not only to Canadian heavy trucks, but also to U.S. trucks that enter Canada.
A spokesman for the Ontario Trucking Association (OTA), the provincial association that has taken the lead in lobbying for the new rule, said that, “We’d like to have as broad a program as possible…Ideally we’d like to have a harmonized North American program.”
The American Trucking Association (ATA), the largest U.S. trucking industry association, has also endorsed the concept of limiting the maximum speed of trucks by setting the governor at no more than 68 mph at the time of the truck’s manufacture.
The goal behind physically limiting the maximum speed of large trucks is primarily aimed at reducing the number and severity of accidents. According to the FMCSAs Large Truck Causation Study, “travelling too fast for conditions” was the single most frequently cited factor in large truck crashes where trucks were assigned a critical reason. Supporters also cite fuel savings and emissions reductions as additional benefits of the plan.
A growing number of U.S. carriers already pre-set the governors on their trucks to maximum speeds under 68 mph. These carriers cite both economic and safety concerns for their decision to set maximum speeds. In addition to accident reduction and mitigation, they say liability costs are reduced, and equipment life span is increased.
If adopted, the proposal would apply to all class 7 and 8 trucks manufactured after 1990, since those vehicles all use electronic governors that can be programmed not to exceed any given speed.
The call for adopting the proposed mandate is not universal. Opposition to the plan has come from independent owner operators in both the U.S. and Canada. They point to studies that show a likely increase in the accident rate as the difference between the speeds of cars and trucks gets larger. With speed limits in many areas higher than the proposed governor setting, the likelihood of accidents between slower trucks and cars seeking to maneuver around them will actually increase the probability of accidents say the plan’s opponents.
Almost universally, those opposing a new federal rule say that enforcement of existing speed limits against speeding trucks would be a more cost effective method of dealing with the problem than an across the board federal mandate. They cite the costs, lost time, and paperwork that would be required to have the electronic governors reset.
The Owner Operators Independent Drivers Association (OOIDA) has been a leading voice in opposition to the proposal. OOIDA Director of Regulatory Affairs Rick Craig, says; “We will wait to see if the FMCSA accepts the petition…if it is accepted…we’ll let our membership know to take up a strong opposition.”
However for one of the co-founders of Road Safe America, Steve Owings, who helped found the group after the death of his son in a high-speed truck accident, the issue revolves around safety. “This is a matter of life and death for drivers of passenger cars, as well as for professional truck drivers,” said Owings.
So far the FMCSA has not taken a position on the issue. If the petition is accepted and published the FMCSA will set a time period for comments. After that, the Agency will decide whether or not to issue a rulemaking notice. | 
