Engine brakes are the focus of a new North Dakota law -

A new North Dakota law is touted to put teeth into a statute that covers unnecessary use of compression engine brakes.

Previously SB2253, the new law permits cities and counties to designate and post zones where compression engine brakes are prohibited. Specifically, truck operators are outlawed from using a device “that creates a noise disturbance” in affected zones.

Effective Aug. 1, a city or a county will be required to adopt an ordinance to limit use of compression engine brakes. Any law enforcement can enforce the rule.

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.

Clarifying state code

Advocates have pointed out that North Dakota code has not been clear about a moving violation and a fine for using compression engine brakes in a posted zone prohibiting their use.

Sen. Dean Rummel, R-Dickinson, said the new law clearly defines the moving violation and imposes a $50 fine.

“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,” Rummel said while speaking on the Senate floor.

On the House floor, Rep. Ben Koppelman, R-West Fargo, said rules are needed for local governments.

“Senate Bill 2253 is designed to pertain to the use of engine brakes, or Jake brakes, in city limits. This might be on an interstate or some other type of highway,” Koppelman said. “The concern that was brought to us was from Highway Patrol suggesting that they are not able to enforce those ordinances on state highways.”

He added that some cities have created ordinances, while others have simply posted signage without creating an ordinance.

“If you are operating a commercial motor vehicle in a time other than in an emergency, you can’t use an engine brake if there is signage that suggests you’re not supposed to do that.”

Not everyone is on board

Rep. Kathy Frelich, R-Devils Lake, told House lawmakers the bill amounts to over-regulation.

“This is over-regulation for somebody who is annoyed by the noise of these Jake brakes,” she said.

Frelich added that clarification of existing signage about engine brakes would be a better option.

“Why are we picking on this trucking industry? Five years ago, we lifted up our truckers because we relied on them to get us goods and services to our towns. I remember the toilet paper debacle, and we needed our truck drivers.”

Rep. Dan Ruby, R-Minot, noted the legislation would be better if it focused on trucks that use straight pipes.

“These guys are straight-piping the stacks, and they love that sound,” he said. “It is loud and obnoxious. It is in those situations where this bill would help.”

Rep. Bill Tveit, R-Hazen, added that hills were around before homes.

“Now we have to shut the noise down because of the residents,” he said.

Koppelman said the legislation is about common sense and is reasonable. He added that the new rule allows for local control.

Vermont

A bill moving through the Vermont statehouse also addresses the topic.

Senate lawmakers voted to advance a bill to the House that would put in place rules for the use of compression engine brakes.

Sen. Rebecca White, D-Windsor, cited frequent noise from truck brakes traveling downhill on Interstate 91 in the Springfield area for her pursuit of the brake rule.

Vermont already requires vehicles to have a working muffler. The state’s Office of Legislative Counsel recently explained to a Senate committee that 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.

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.

Municipalities would be permitted to adopt an ordinance to prohibit use of compression engine brakes within the municipality or in specific locations around town.

S66 is in the House Transportation Committee. LL