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Bill would make 'engine brake' violations enforceable in posted zones, set $50 fine
Summary
Senate Bill 22‑53 would create a state moving violation for using an engine compression ("Jake") brake in a posted prohibition zone, set a $50 fine and exempt emergency uses, sponsors told the House Transportation Committee.
The House Transportation Committee heard Senate Bill 22‑53, a proposal to make use of an engine compression brake (commonly called a "Jake brake") in a posted prohibition zone a statutory moving violation carrying a $50 fine, with an explicit exception for emergency use.
Sponsor Sen. Dean Rummel said the measure responds to constituent complaints about excessive noise where signs already prohibit engine‑compression‑brake use but local or state agencies lack a clear statutory citation to enforce. "This bill is all about a reduction in noise in a posted zone," Rummel said, and the bill sets a $50 fine while allowing use in emergencies.
Highway Patrol personnel and local officials described an enforcement gap: Sergeant Evan Savageau said many of the newer factory‑equipped engine‑compression systems operate at low decibel levels and are not the problem; rather, trucks with straight pipes or altered mufflers and retrofitted devices produce the loud, disruptive noise citizens report. He said patrols receive repeated community complaints but currently have limited statutory authority to issue a state citation for a posted prohibition on engine braking. Former Horace Mayor Corey Peterson described local efforts to adopt ordinances and said deputies were often reluctant to issue citations when no state statute provided a clear mechanism.
The North Dakota Motor Carriers Association said it supports the bill and the bill’s emergency exemption. Committee members raised operational questions about distinguishing factory‑quiet devices from modified systems and whether municipal noise ordinances would remain applicable. Testimony noted decibel ranges from manufacturer studies (examples given in testimony) and emphasized officer discretion and the bill’s emergency exception.
The committee closed the hearing without a recorded vote; supporters asked the committee to consider the enforcement gap the bill addresses and said municipal police already respond to many complaints but that a state citation authority would make enforcement more consistent.
