Safety, Liability & Your Rights
The Federal Motor Carrier Safety Administration (FMCSA) was granted explicit authority under Section 32911 of MAP‑21 (and the Motor Carrier Safety Act of 1984) to study and, if justified, require speed‑limiting devices on heavy commercial vehicles. After a 2016 proposal stalled, FMCSA revived the idea in 2022 and, per its latest regulatory agenda, is still slated to publish a proposed rule in May 2025. Speed limiters are electronic engine controls that cap truck speeds.
Speed caps are typically between 60 and 70 mph and can reduce crash severity. However, motor carriers and drivers argue that they also raise concerns about speed differentials, congestion, and driver fatigue. Since the 2022 notice of intent, FMCSA has received over 15,000 public comments, splitting industry and safety groups.
Large‑truck involvement in fatal crashes rose to 5,936 deaths in 2022, a 2 percent increase from 2021, with deadly crashes per million truck‑miles up 24 percent over the past decade.
For Kentucky drivers on I‑64, I‑65, and the Bluegrass Parkway, excessive truck speed can turn an 80,000‑lb rig’s stopping distance, over 500 feet at 65 mph, into a matter of life or death.
Whether Congress intervenes with bills like the DRIVE Act or FMCSA moves ahead, telematics data (ECM logs) and discovery in truck‑crash cases will remain critical to proving negligence and securing full compensation.
FMCSA’s Speed‑Limiter Authority
Legal Foundation
MAP‑21 & the Motor Carrier Safety Act: Under Section 32911 of the Moving Ahead for Progress in the 21st Century Act (MAP‑21) and the Motor Carrier Safety Act of 1984, Congress directed FMCSA to complete a rulemaking on speed‑limiting devices for heavy trucks.
Notice of Intent (2022): In late 2022, FMCSA issued a Notice of Intent to seek public comment on programming or adjusting electronic control units (ECUs) to cap speeds on interstate commercial motor vehicles, without yet specifying a maximum speed.
Pending Rulemaking Timeline
May 2025 Proposal: According to FMCSA’s regulatory agenda, the agency remains on track to publish a Supplemental Notice of Proposed Rulemaking on speed limiters in May 2025
DRIVE Act & Congressional Oversight: Meanwhile, bills like the DRIVE Act (H.R. 2819) aim to prohibit the FMCSA from enforcing any such rule, demonstrating that legislative action can override or preempt agency rulemaking.
Why Speed Limiters Matter
Safety and Crash Severity
Reduced Impact Forces: Capping heavy‑truck speeds between 60–70 mph lowers kinetic energy in a crash, which directly correlates to reduced injury severity.
National Traffic Trends: Large‑truck involvement in fatal crashes rose to 5,936 deaths in 2022. This is a 2 percent increase from 5,821 in 2021, and remains up 49 percent over the last decade.
Overall Fatality Share: In 2022, occupants of large trucks and buses accounted for 5% of all U.S. traffic fatalities.
Stopping‑Distance Considerations
Weight and Momentum: An 80,000‑lb loaded semi at 65 mph requires over 525 feet (nearly two football fields) to stop under ideal conditions ﹘ more than 1.5 times the distance a typical car needs ﹘ significantly widening the margin for error in speed‑related crashes.
The Controversy Around Speed Limiters
Support for Speed‑Limiting Devices
Large Carriers and Safety Groups: Many national fleets and highway-safety organizations advocate for speed governance to reduce crash costs and improve survivability in heavy-truck collisions.
Industry Opposition and Pushback
Owner-Operator Concerns: Small carriers and truckers warn that enforced speed gaps with passenger vehicles may lead to dangerous lane changes, road rage, and longer hours on the road, thereby increasing fatigue risks.
Public Comment Volume: FMCSA’s 2022 notice attracted more than 15,000 comments, split between supporting and opposing views—a record for this rulemaking track.
The DRIVE Act and Legislative Landscape
| Provision | Impact |
|---|---|
| Bars FMCSA from issuing or enforcing any rule requiring speed limiters on trucks >26,000 lbs | Ends the federal mandate debate unless Congress acts again |
| Retroactive language prevents future administrations from reviving the rule | Ensures that any new speed‑limiter mandate requires new legislation |
| Backed by over 15 industry and agricultural groups | Indicates intense grassroots pressure from owner‑operators and niche stakeholders |
How Speed Limiters Affect Truck‑Crash Liability
Standards of Care & Safe‑Harbor
No Federal Safe Harbor: If no rule exists, carriers cannot rely on FMCSA compliance as a defense; plaintiffs can argue that the voluntary installation of limiters, or the lack thereof, demonstrates notice and acceptance of risk.
Discovery & Telematics Data
ECM Preservation: After a crash, ECM/telematics data (max speed, throttle, brake codes) is critical. Preservation letters should be sent within 24 hours to prevent data loss.
Truck‑Crash Statistics and Kentucky Drivers
National Trends
Fatal Crash Locations: In 2022, 49 percent of large‑truck crash deaths occurred on major roads other than interstates, 35 percent on interstates, and 16 percent on minor roads.
Time‑of‑Day Patterns: Nearly half (47 percent) of large‑truck deaths happen between 6 a.m. and 3 p.m., coinciding with peak commercial‑vehicle operations.
Kentucky‑Specific Considerations
Interstate corridors like I‑64, I‑65, and the Bluegrass Parkway see heavy commercial traffic. When an 80,000‑lb rig travels just 10 mph faster than surrounding vehicles, its stopping distance can exceed a football field, often dictating whether a crash is survivable.
What Drivers Should Do After a Speed‑Related Crash
Seek Medical Care: Call 911 immediately for evaluation.
Document the Scene: Photograph skid marks, debris, and any visible telematics ports or ECM interfaces.
Hire a Trucking-Injury Law Firm: Prompt counsel engagement ensures that preservation letters are sent out within 24 hours to secure Electronic Control Module (ECM) data.
Frequently Asked Questions
Q: Are speed limiters currently required on trucks in the state of Kentucky?
A: No federal or state mandate exists yet; many fleets use limiters voluntarily.
Q: What speeds has FMCSA considered?
A: The agency has floated 60, 65, or 68 mph caps but has not fixed a number in draft regulatory text.
Final Thoughts
Whether or not FMCSA’s speed‑limiter rule takes effect, excessive or artificially low truck speeds remain a preventable hazard. At Sam Aguiar Injury Lawyers, our trucking-injury team closely monitors these regulatory developments, as they shape the standards we use to hold negligent carriers accountable. If you or a loved one has been injured in a commercial‑vehicle crash anywhere in Kentucky, call (502) 888‑8888 or start a live chat 24/7. With our Bigger Share Guarantee, you always get more. Period.
