A BILL to amend the Code of Virginia by adding a section numbered 46.2-1070.1, relating to local regulation of the use of compression release engine brakes.
HB1349 would add a new section to the Code of Virginia allowing local governments to regulate or prohibit the use of compression release engine brakes, often referred to as “engine brakes” or “Jake brakes,” when motor vehicles are operating within the locality and near a residential district. The bill gives local governing bodies discretion to adopt ordinances addressing where and when these brakes may be used.
If a locality chooses to regulate or ban the practice, the ordinance must include a penalty, but the penalty cannot exceed the amount allowed for traffic infractions under existing law. The bill also requires any local prohibition or limitation to be posted on conspicuous signs erected and maintained by the locality, making notice to drivers a condition of enforcement.
The bill would create express statutory authority for Virginia localities to regulate compression release engine brakes, which are otherwise addressed at the local level only if authorized by state law. It would affect motor vehicle operators, especially commercial truck drivers, and give municipalities and counties a new tool to address noise concerns in residential areas. The bill also ties enforcement to existing traffic infraction penalties and requires local signage, shaping how any local ordinance must be implemented.
The available record shows no committee transcript or recorded vote history, so there is no documented debate or opposition in the materials provided. The bill was later incorporated by Transportation into HB55 (Sullivan) by voice vote, which suggests it was treated as a related transportation measure rather than a controversial standalone proposal. Overall, the limited available history indicates procedural acceptance rather than clear public contention.
The main policy tension inherent in the bill is between local noise control and the interests of drivers, particularly commercial operators who rely on engine brakes for safety on steep grades or in heavy vehicles. Supporters would likely favor giving neighborhoods relief from loud braking noise near residences, while opponents could argue that local bans may interfere with safe vehicle operation or create inconsistent rules across jurisdictions. The bill addresses some enforcement concerns by requiring signage and capping penalties, but no specific objections are documented in the provided materials.