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Committee advances bill making illegal use of engine compression brakes in posted zones a moving violation
Summary
Senate Bill 2253 would make use of an engine compression ("Jake") brake in zones posted to prohibit such devices a moving violation punishable by a $50 fine, with an emergency exemption. The Senate Transportation Committee approved a do-pass recommendation.
The Senate Transportation Committee voted to recommend Senate Bill 2253, which defines use of an engine compression brake device in a clearly posted prohibition zone as a moving violation and establishes a $50 penalty for violations.
Sponsor and purpose: Senator Dean Rummel (District 37) said the bill addresses noise and community disturbance where compression brakes are prohibited by signs. "This bill just defines that as a moving violation and it imposes a fee of $50," Rummel told the committee, adding the change aims to give law enforcement a clear basis for issuing citations in posted zones.
Law enforcement and industry response: Sergeant Evan Savageau of the North Dakota Highway Patrol testified the patrol currently lacks a clear mechanism to issue citations for posted no-compression-brake zones and supports the bill because it would enable enforcement. He also urged the committee to retain an emergency exception allowing drivers to use engine braking when necessary for safety and to allow inspection of vehicles and drivers if an out-of-service or safety issue is suspected.
Industry groups and local governments also testified in support. The North Dakota Motor Carriers Association said the provision is reasonable and helps carriers educate drivers and companies about local restrictions. Local mayors and business owners said altered mufflers and deliberate modification of exhausts are the primary source of extreme noise, while properly equipped vehicles are typically quiet.
Vote and disposition: After testimony, the committee voted by roll call to give Senate Bill 2253 a do-pass recommendation. Senators voting aye included the chairman and vice chair and the motion passed. Senator Romo volunteered to carry the bill.
What’s next: The bill will be scheduled for further action; committee testimony flagged implementation details such as ensuring a safety exemption and connecting vehicle inspection processes to enforcement if malfunction or illegal modification is suspected.
