U.S. Legislative News

Legislation to Limit Max Speed of Heavy-Duty Vehicles Introduced

Senators Johnny Isakson (R-Ga.) and Chris Coons (D-Del.) have introduced a bill, the Cullum Owings Large Truck Safe Operating Speed Act of 2019 (S. 2033), that would require all new commercial trucks with a gross weight of 26,001 pounds or more to be equipped with speed-limiting devices. The devices would have to be set to a maximum speed of 65 miles per hour and be used at all times. The maximum speed requirement would also be extended to existing trucks that already have the technology installed. Trucks without speed limiters will not be forced to install the technology retroactively.

U.S. DOT published a notice of proposed rulemaking for a "speed-limiter rule" for heavy-duty vehicles toward the end of 2016, but progress on the rulemaking has been delayed indefinitely. The proposed rule did not set a max speed but said limiting truck speeds to 65 mph would save between 63 and 214 lives per year. Once published, the final rule was expected to establish a max speed requirement.

The legislation is supported by Road Safe America, Advocates for Highway and Auto Safety, Citizens for Reliable and Safe Highways (CRASH) Foundation, Parents Against Tired Truckers, the Trucking Alliance, the Truckload Carriers Association, and the Truck Safety Coalition. It is being opposed by the Owner-Operator Independent Drivers Association, that believes a limit would create dangerous speed differentials between trucks and cars that will cause traffic jams and crashes. While the American Trucking Associations has supported the "idea" of a speed limiter rule in the past, they have not taken a public position on the bill and opposed the DOT's proposed rulemaking in 2016.

NAFA is closely monitoring the legislation and determining what impacts a proposed max speed limit on the heavy-duty segment of vehicles may have on fleet operations and roadway safety.

FMCSA Seeks to Streamline CDL Testing Process

The Federal Motor Carrier Safety Administration (FMCSA) announced a notice of proposed rulemaking to allow states to permit third-party commercial driver’s license (CDL) skills instructors to also administer the CDL skills test to individuals they have instructed. This practice is currently prohibited, adding further inconvenience to the process of attaining a CDL and contributing to testing delays.

This rulemaking is intended to help combat the growing U.S. commercial driver shortage, which hinders economic growth and places added strain on already overburdened drivers and their employers. FMCSA will be opening a 60-day comment period on the proposed rule once it is published in the Federal Register.

State Fuel Tax Hikes

On July 1, the excise taxes on motor fuels increased in 12 states around the country. While the increases in several states – which index the tax to inflation or a multi-year increase – are comparatively low, it is a much more significant increase in some states, including Illinois where the fee is doubling to 38 cents per gallon. These state fuel excises taxes are often levied to pay for road infrastructure and are administered in addition to the federal 18.4 cents per gallon excise tax on gasoline.

With many states raising fuel taxes, the idea to raise the federal tax is one currently being discussed by lawmakers in Congress, as they look for methods of raising revenue to fund the Highway Trust Fund. The issue continues to be contentious on Capitol Hill amid increasing fuel economies and greater numbers of alternative powered vehicles.

Senators Reintroduce Bill to Require Recall Repair Before Used Car Sales

Senators Richard Blumenthal (D-Conn.) and Edward Markey (D-Mass.) introduced the Used Car Safety Recall Repair Act (S. 1971), which would require used car dealers to repair any outstanding safety recalls in used automobiles prior to selling, leasing, or loaning them to consumers. The bill defines a dealer as a person that has sold at least 10 motor vehicles to one or more consumers in the past 12 months but allows for the exemption of auctioning used passenger motor vehicles to dealers so long as they do not harm public safety.

NAFA is looking into whether the definition of dealer as used in the legislation would include a fleet that has sold at least 10 vehicles to consumers in the last 12 months. Current federal law does not prohibit car dealers from selling cars with outstanding recalls. However, some states do have laws prohibiting the sale of vehicles deemed to be unsafe or in need of repair.