A North Dakota bill that is nearing statehouse passage targets unnecessary use of compression engine brakes in certain locations.
SB2253 would permit cities and counties to designate and post zones where compression engine brakes are prohibited. Specifically, truck operators would be outlawed from using a device “that creates a noise disturbance” in affected zones.
A signage requirement to alert truckers of the rule is included. Violators would face $50 fines.
An exception to the rule is included for emergency situations.
Sen. Dean Rummel, R-Dickinson, has pointed out that North Dakota code is not clear about a moving violation and a fine for using compression engine brakes in a posted zone prohibiting their use.
“Senate Bill 2253 clearly defines the moving violation and imposes a fee of $50,” Rummel said during Senate floor discussion. “This bill is all about a reduction of noise in a posted zone. Hopefully, this will be a deterrent that will cause a change in behavior.”
A House change clarifies that a city or a county must adopt an ordinance to limit use of compression engine brakes.
“If we just put this in law and all of a sudden everybody just buys a bunch of signs, well I think they should have public hearings within their city to decide ‘Are we going to have this ordinance? Where are we going to post it?’ and make it reasonable,” Rep. Ben Koppelman, R-West Fargo, explained to the House Transportation Committee.
“I think if we put those guardrails on it, we could call this the anti-jerk engine-braking bill, because it would only be those individuals who reasonably would be able to violate it, and it would only be when the jerks are not in an emergency situation,” he added.
The bill next heads to the House floor. If approved there, it would move back to the Senate for approval of changes before it could go to the governor’s desk.
Vermont
The Vermont Senate voted Wednesday, March 19, to advance a bill on the topic.
Sen. Rebecca White, D-Windsor, is behind the bill to put in place rules for the use of compression engine brakes.
She has cited frequent noise from truck brakes traveling downhill on Interstate 91 in the Springfield area for her pursuit of the brake rule.
Vermont law already requires vehicles to have a working muffler. The state’s Office of Legislative Counsel recently explained to the Senate Transportation Committee the proposed rule is intended to limit noise.
S66 would prohibit a truck equipped with a compression engine brake from operation unless a working muffler is available “to prevent excessive noise from the device.” An exception would be made for an emergency.
Bill advocates have said the rule targets truck operators who intentionally modify their trucks to unmuffle engine brakes. Others have challenged the claim that changing the exhaust results in improved performance.
Another provision states that trucks without a working muffler to prevent excessive noise would fail inspection. An exception would not be made for trucks equipped with a compression engine brake.
A definition of compression engine brakes is also included. Devices covered include compression brakes, decompression brakes and “Jake” brakes.
Additionally, municipalities would be allowed to adopt ordinances to prohibit the operation of a compression engine brake within the municipality or in specific locations around town.
S66 next heads to the House. LL
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