Text: SF00310 Text: SF00312 Text: SF00300 - SF00399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. NEW SECTION. 321.431A ENGINE BRAKES – 1 2 LIMITATION ON USE. 1 3 1. A person operating a motor vehicle on the highways of 1 4 this state shall not use an engine brake except when such use 1 5 is necessary due to the slope of the highway or in an 1 6 emergency situation that requires the use of engine brakes to 1 7 avoid imminent danger to a person or to property. 1 8 2. A person operating a motor vehicle on the highways of 1 9 this state shall not use an unmuffled engine brake unless the 1 10 person is in an emergency situation that requires the use of 1 11 an engine brake to avoid imminent danger to a person or to 1 12 property. 1 13 3. For purposes of this section, the following definitions 1 14 shall apply: 1 15 a. "Engine brake" means a device that retards the forward 1 16 motion of a motor vehicle by the use of the compression of the 1 17 engine of the motor vehicle. 1 18 b. "Unmuffled engine brake" means an engine brake that is 1 19 not equipped with a muffler in good working order pursuant to 1 20 section 321.436. 1 21 4. A city or county may adopt an ordinance to limit the 1 22 use of engine brakes on roadways within its respective 1 23 jurisdiction if the city or county places signs indicating 1 24 such limitation in accordance with sections 321.254 and 1 25 321.255. 1 26 5. A violation of subsection 1 or 2 is punishable as a 1 27 scheduled violation under section 805.8, subsection 2, 1 28 paragraph "z". 1 29 Sec. 2. Section 805.8, subsection 2, paragraph z, Code 1 30 1999, is amended to read as follows: 1 31 z. For violations of section 321.431A, subsection 1 or 2, 1 32 relating to the use of engine brakes; section 321.460 1 33 prohibiting spilling loads on the highway; andofsection 1 34 321.208A prohibiting operation in violation of an out-of- 1 35 service order, the scheduled fine is one hundred dollars. 2 1 EXPLANATION 2 2 This bill creates new Code section 321.431A to limit the 2 3 use of engine brakes to situations when such use is necessary 2 4 due to the slope of a highway or in emergency situations. The 2 5 bill prohibits the use of unmuffled engine brakes unless such 2 6 use is necessary in an emergency situation. Violations of 2 7 these provisions are punishable by a scheduled fine of $100 2 8 under Code section 805.8. 2 9 The bill defines "engine brake" as a device that retards 2 10 the forward motion of a motor vehicle by the use of the 2 11 compression of the engine of the motor vehicle. An "unmuffled 2 12 engine brake" is an engine brake that is not equipped with a 2 13 muffler in good working order pursuant to Code section 2 14 321.436. Code section 321.436 requires motor vehicles to be 2 15 equipped with a muffler in good working order and in constant 2 16 operation to prevent excessive or unusual noise and annoying 2 17 smoke. Code section 321.436 also prohibits the use of a 2 18 muffler cutout, bypass, or similar device. 2 19 New Code section 321.431A also provides that a city or 2 20 county may adopt an ordinance to limit the use of engine 2 21 brakes on roadways within their jurisdictions if the city or 2 22 county places signs indicating such limitation in accordance 2 23 with certain guidelines and requirements for placing of signs 2 24 by local authorities. 2 25 LSB 2730SS 78 2 26 nh/jw/5
Text: SF00310 Text: SF00312 Text: SF00300 - SF00399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
© 1999 Cornell College and League of Women Voters of Iowa
Comments about this site or page?
webmaster@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.
Last update: Wed Jan 12 05:55:00 CST 2000
URL: /DOCS/GA/78GA/Legislation/SF/00300/SF00311/990304.html
jhf