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DRIVE Act Gains Momentum as 41 House and 12 Senate Co‑Sponsors Block Speed‑Limiter Mandate

Three new lawmakers back the bill that would stop FMCSA from forcing commercial trucks to install speed limiters, a move that could alter safety standards and operating costs for owner‑operators and fleet managers.

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Washington, D.C. — On April 9, Rep. Gary Palmer, R‑Ala., officially joined House Rep. Josh Brecheen’s HR3039, pushing the DRIVE Act toward a potential ban on federally mandated speed limiters.

The DRIVE Act tackles a proposal that would require most commercial motor vehicles weighing 26,001 pounds or more to carry devices that cap their top speed. Truckers argue that a one‑size‑fits‑all speed limit could disrupt the flow of traffic set by state law and increase the risk of accidents on highways. The bill seeks to prevent the Federal Motor Carrier Safety Administration (FMCSA) from enforcing any rule that would mandate such devices, thereby preserving the authority of state speed limits and the operational flexibility of drivers and fleet managers.

In addition to Palmer, Senators Ted Cruz, R‑Tex., and Ted Budd, R‑N.C., have joined as co‑sponsors of S2671, bringing the total number of co‑sponsors to 41 in the House and 12 in the Senate. HR3039 was first introduced by Rep. Josh Brecheen, R‑Okla., in May of last year, while Sen. Steve Daines, R‑Mont., launched S2761 in July. The FMCSA’s 2022 advance notice of supplemental proposed rulemaking sparked over 15,000 comments, the majority of which came from truck drivers and industry groups opposing the speed‑limiter mandate. The Owner‑Operator Independent Drivers Association (OOIDA) warned that the rule could create hazardous speed differentials and elevate collision risks between large trucks and passenger vehicles. Despite this pushback, FMCSA plans to issue a notice of proposed rulemaking in May, although it has missed two prior deadlines and the proposal has yet to reach the White House Office of Management and Budget (OMB) for review. The OMB review process can vary from weeks to more than a year, and a successful passage of the DRIVE Act would render FMCSA’s rulemaking efforts moot.

What This Means for Drivers

CDL‑A holders and owner‑operators would retain the ability to travel at speeds set by state law, avoiding the administrative burden of installing and maintaining speed‑limiting devices. Fleet managers would save on equipment costs and maintenance, as the mandate would otherwise require retrofitting existing rigs with electronic control units. The absence of a federal speed cap also keeps current fuel‑efficiency strategies intact, allowing drivers to optimize speed for long‑haul routes without compromising safety protocols.

Industry Reaction

OOIDA issued a statement calling the FMCSA proposal a “dangerous overreach” that could compromise safety by forcing trucks to operate at lower speeds than necessary for safe traffic flow. Many independent owner‑operators welcomed the DRIVE Act, noting that the rule could impose significant additional costs and operational constraints. Larger carriers, while cautious about regulatory changes, have expressed support for maintaining state‑based speed limits to preserve flexibility in route planning and scheduling.

Key Points

  • 41 House and 12 Senate co‑sponsors now back the DRIVE Act.
  • FMCSA’s 2022 notice generated over 15,000 comments, mainly from truck drivers.
  • Speed‑limiter mandate would affect vehicles weighing 26,001 pounds or more.
  • Passing the bill would stop FMCSA from enforcing a federal speed‑limiting rule.

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Photo by Mehmet Turgut Kirkgoz on Pexels

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Tasha Bowman
Safety advocate and CDL instructor based in Tennessee. Tasha writes about roadside inspections, CVSA compliance, HOS violations, and the real-world gap between what the rulebook says and what happens at the scale house.