value calculated from the data link dl such as the u201c driver demand engine percent torque u201d available on saw j 1939 data links or the like the prior art used demand based shift point algorithms as such logic normally provides good correlation to driver or cruise control intentions however with certain types of engine controls such as all speed governors road speed governors and gear down protection devices the torque actually supplied by the engine may be considerably less than the torque demanded by the throttle position in such cases basing upshift decisions on throttle position i e demand will result in delayed upshifting which is likely to be contrary to the driver 39 s intentions accordingly if the actual engine torque a parameter such as gross engine torque or flywheel torque see u s pat no 5 582 069 to considerably less than the torque associated with the driver 39 s demand this is an indication that a system is actually ramping back torque independently of the throttle pedal position thl according to the present invention upon sensing that engine torque is substantially limited for example if actual engine torque demanded torque is less than a reference value ref equal to about 20 50 then upshift points will be based upon the actual engine torque for example referring to fig2 if the operator has full throttle displacement but the engine is being limited to 50 of its maximum torque at a given engine speed using demand based upshift logic will result in.