Bill Text: NJ A2159 | 2010-2011 | Regular Session | Introduced
Bill Title: Prohibits unmuffled use of compression release engine brakes; creates fine.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2010-02-11 - Introduced, Referred to Assembly Transportation, Public Works and Independent Authorities Committee [A2159 Detail]
Download: New_Jersey-2010-A2159-Introduced.html
Sponsored by:
Assemblywoman NANCY F. MUNOZ
District 21 (Essex, Morris, Somerset and Union)
SYNOPSIS
Prohibits unmuffled use of compression release engine brakes; creates fine.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the use of compression release engine brakes and supplementing chapter 3 of Title 39 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. For the purposes of this section, "compression release engine brake" means any device that uses the engine or transmission to impede the forward motion of a motor vehicle by compression of the engine.
b. It shall be unlawful for the driver of any motor vehicle to use a compression release engine brake unless such motor vehicle is equipped with a muffler in constant operation, properly maintained, and otherwise in accordance with R.S.39:3-70, in order to prevent excessive noise from use of the brake.
c. A person who violates any of the provisions of this section shall be fined $500.
2. This act shall take effect immediately.
STATEMENT
Many operators of large trucks, tractor trailers, and other commercial vehicles employ the use of compression release engine brakes in order to slow down their vehicles, particularly on long, downhill descents. A compression release engine brake is any device that uses the engine or transmission to impede the forward motion of a motor vehicle by compression of the engine. The use of these brakes can reduce wear and tear on motor vehicles, as well as increase safety on highways due to their ability to reduce the speed and stopping distance of large motor vehicles. However, the use of these devices can produce extreme and offensive noise pollution if the motor vehicle is not equipped with an adequate and properly functioning muffler. This has led many communities throughout the State and across the country to ban the unmuffled use of compression release engine brakes.
This bill would prohibit the operator of any motor vehicle equipped with a compression release engine brake from using such a brake unless the motor vehicle is equipped with a muffler in order to prevent excessive noise from use of the brake. The bill requires that such muffler be in good working condition, properly maintained, and otherwise in accordance with R.S.39:3-70. That statute requires all motor vehicles to be equipped with a muffler to prevent excessive or unusual noise and annoying smoke, and also prohibits the use of a muffler cut-out, bypass or similar device.
A person who violates any of the provisions of this bill would be subject to a fine of $500.
