Commercial vehicle enforcement agencies share many of the same real-world concerns expressed by carriers and drivers in formal comments on the DOT-proposed truck speed limiter mandate, such as the safety risks posed by speed differentials and “elephant races” on the freeways. But the enforcement side of the regulation also have concerns unique to their roles, ranging from roadside technical details to whether or not the federal government has any business imposing a one-size-fits-all speed limit on states that better understand their own highway systems.
The Commercial Vehicle Safety Alliance, which represents local, state, provincial, territorial and federal truck safety officials and industry representatives, says it generally supports the deployment of proven safety technologies.
“The proposal on speed limiters represents an encouraging step towards addressing CMV-related crashes and fatalities,” the alliance writes. However, CVSA points to several “questions and concerns” that should be addressed, and requests the agencies issue a “supplemental” notice of proposed rulemaking answering their questions along with those from other stakeholders before issuing a final rule.
Concerning a “lack of clarity regarding scope of enforcement,” CVSA argues FMCSA’s directive that enforcement be conducted in a “targeted manner, periodically or randomly” may result in confusion and inconsistent levels of enforcement across states.
“Does FMCSA anticipate enforcement only take place when a CMV is observed speeding over the set speed?” the comment asks. “Or should enforcement of the speed limiter requirement be conducted as part of inspections roadside and at inspection facilities?”
CVSA would also like agency to add a speed-limiter check to roadside inspections, giving enforcement personnel the option of carrying a verification device, “similar to how states incorporate performance-based brake testers” into their inspection process.
The alliance also would like clarification of FMCSA’s position on “prima facie” violations, when a vehicle is observed exceeding the maximum set speed.
As to malfunctioning devices, the proposal represents “a departure from protocol” for CMV inspections and may result in making the proposed rule “vulnerable to fraud” because it allows drivers and carriers to avoid violations by not speeding.
“The proposed provision makes the rule unenforceable at roadside,” CVSA says. “FMCSA should clarify that a malfunctioning device is a violation and that drivers cannot avoid documentation of the violation, if identified by an inspector.”
CVSA also notes that members have suggested the use of speed limiter device readers could create a conflict with some electronic logging devices (ELDs). “Currently, some CMVs have ELDs that are not hardwired to the electronic control module (ECM) and are instead plugged into the same port that enforcement would need to plug the speed limiter reading device into. This forces inspectors to disconnect the ELD, which is problematic.”
And CVSA supports adding a retrofit requirement to the rule, simply because so few vehicles would be subject to the mandate if it only applies to new trucks.
The Texas Dept. of Public Safety points to a 2006 study by the University of Arkansas, and cites several findings in its comment on the speed limiter proposal:
- While slower speeds increase vehicle performance (braking, maneuverability, etc.) they also mean that trucks are moving slower than cars which increases the number of vehicle interactions (cars passing trucks) which can decrease safety;
- Slower vehicle speeds increase the amount of driving time and increase driver fatigue;
- Increased driving time increases the amount of time it takes to deliver goods, and causes goods to cost more; and
- Split speed limits decrease fuel economy in cars and non-regulated trucks by causing them to decelerate and then reaccelerate to pass regulated trucks.
“The Texas Highway Patrol recognizes that a mandatory speed limiter (60 mph, 65 mph, or 68 mph) would create a split speed limit on most rural highways and have negative effects on rural highway safety and congestion,” the comment reads, noting that Texas highways have varying maximum posted speed limits as authorized by the Legislature, the Texas Department of Transportation and local entities and often vary between 70 mph and 85 mph—resulting a potential, legal and “dangerous” speed differential up to 25 mph.