RESOLUTION NO. RS2004-294

A resolution requesting the Davidson County Delegation to the Tennessee General Assembly to introduce and enact legislation to prohibit the operation of unmuffled engine brakes by heavy trucks on highways within the area of the Metropolitan Government, except in the case of an emergency, and that signs be posted to inform drivers of such prohibition.

WHEREAS, various automotive parts companies manufacture devices, used by heavy trucks, known as “engine brakes”, which convert the truck’s diesel engine into a power-absorbing air compressor, resulting in a net energy loss to help control the truck’s speed; and

WHEREAS, these type of engine brakes make a distinctive loud sound that can frighten motorists and endanger their safety; and

WHEREAS, the loud sound from these engine brakes is having a negative impact on residents within close proximity to a highway; and

WHEREAS, the State of Oregon has adopted Section 811.492 of their state motor vehicle laws prohibiting the use of an unmuffled engine brake except in the case of emergencies; and

WHEREAS, this Oregon law requires that signs be posted within the state to inform drivers that the use of unmuffled engine braking is prohibited and is punishable by a maximum fine of $500.00; and

WHEREAS, it is fitting and proper that the Tennessee General Assembly enact a law similar to that of the State of Oregon to prohibit the use of unmuffled engine brakes.

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:

Section 1. That the Metropolitan County Council hereby goes on record as requesting the Davidson County Delegation to the Tennessee General Assembly to introduce and enact legislation to prohibit the operation of unmuffled engine brakes by heavy trucks on highways within the area of the Metropolitan Government, except in the case of an emergency, and that signs be posted to inform drivers of such prohibition.

Section 2. That the Metropolitan Clerk is directed to send a certified copy of this Resolution to each member of the Davidson County Delegation to the Tennessee General Assembly.

Section 3. This Resolution shall take effect from and after its adoption, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Jamie Isabel

LEGISLATIVE HISTORY

Referred: Public Safety Committee
Introduced: May 18, 2004 
Adopted: May 18, 2004 
Returned Unsigned
by Mayor:

May 19, 2004