Speed Limiting Devices (new FMVSS 140 proposed)

On Aug. 26, 2016, NHTSA and the FMCSA jointly released an NPRM in the Federal Register proposing regulations that would require vehicles with a GVWR over 11,793.4 kilograms (26,000 pounds) to be equipped with a speed limiting device.  With the NPRM, NHTSA is proposing to establish a new FMVSS (No. 140)) requiring that each new multipurpose passenger vehicle, truck, bus and school bus with a GVWR of more than 11,793.4 kilograms (26,000 pounds) be equipped with a speed limiting device. The proposed FMVSS would also require each vehicle, as manufactured and sold, to have its device set to a speed not greater than a specified speed and to be equipped with means of reading the vehicle’s current speed setting and the two previous speed settings (including the time and date the settings were changed) through its OBD connection.

In the NPRM, FMCSA is proposing a complementary Federal motor carrier safety regulation (FMCSR) requiring each commercial motor vehicle (CMV) with a GVWR of more than 11,793.4 kilograms (26,000 pounds) to be equipped with a speed limiting device meeting the requirements of the proposed FMVSS applicable to the vehicle at the time of manufacture, including the requirement that the device be set to a speed not greater than a specified speed. Motor carriers operating such vehicles in interstate commerce would be required to maintain the speed limiting devices for the service life of the vehicle.

If the proposed FMVSS is established, NHTSA is proposing a compliance date of the first September 1 three years after publication of a final rule.

Deadline for comments: 60 days after the rule is published in the Federal Register.

Docket reference: NHTSA-2016-0087 and FMCSA-2014-0083

Agency contacts: NHTSA: For technical issues, Mr. Markus Price, Office of Vehicle Rulemaking, (202) 366-1810. Legal issues, David Jasinski, Office of Chief Counsel, (202) 366-2992. FMCSA: For technical issues, Michael Huntley, Vehicle and Roadside Operations, (202) 366-5370. For legal issues, Charles Medalen, Office of Chief Counsel, (202) 366-1354.

For a comprehensive overview of the NPRM, contact Dale Kardos at Dale Kardos & Associates, Inc. (dale.kardos@motorvehicleregs.com).