HB0170 98TH GENERAL ASSEMBLY

LRB098 02623 MLW 32628 b

98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB0170

Introduced 1/18/2013, by Rep. Jim Durkin

SYNOPSIS AS INTRODUCED:

625 ILCS 5/12-602.1

Amends the Vehicle Code. Allows the Department of Transportation to erect and maintain signs prohibiting commercial vehicles from operating an engine braking system that emits excessive noise on interstate highways near residential areas or communities (rather than only near weigh stations adjacent to residential areas or communities).

A BILL FOR

AN ACT concerning transportation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Vehicle Code is amended by changing Section 12-602.1 as follows:

(625 ILCS 5/12-602.1)

Sec. 12-602.1. Excessive engine braking noise signs.

(a) A county or municipality may post signs that prohibit the driver of a commercial vehicle, as defined in Section 1-111.8 of this Code, from operating or actuating any engine braking system that emits excessive noise. The Department of Transportation may erect and maintain the signs on interstate highways near weigh stations that are adjacent to residential areas or communities.

(b) The sign shall state, "EXCESSIVE ENGINE BRAKING NOISE PROHIBITED". The Department of Transportation shall adopt rules providing for the erection and placement of these signs.

(c) This Section does not apply to the use of an engine braking system that has an adequate sound muffling system in proper working order that prevents excessive noise.

(d) It is a defense to this Section that the driver used an engine braking system that emits excessive noise in an emergency to avoid a collision with a person or another vehicle on the highway.

(e) A violation of this Section is an equipment violation punishable by a fine of $75.

(Source: P.A. 96-523, eff. 1-1-10.)