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Home My WebLink About9D - Regulating "Jake Braking" MEETING DATE: AGENDA #: PREPARED BY: AGENDA ITEM: DISCUSSION: ISSUES: CITY COUNCIL AGENDA REPORT May 1, 2000 ~ 9D ~ Frank Boyles, City Manag~ CONSIDER APPROVAL OF REPORT ON REGULATING "JAKE BRAKING". History: The Council may recall that Tom Foster attended a public forum requesting that the City Council consider invoking a prohibition against "jake braking" within the community. I followed-up by contacting the League of Minnesota Cities (LMC) on this subject. Current Circumstances: The LMC recommends against jake braking prohibitions. In the first place, the jake brake is a brand name and prohibiting any brand will likely lead to legal problems. In the second place, jake brakes are emergency equipment. The City does not want to be in the posture of recommending that safety equipment not be used. Finally, jake brake representatives indicate use of jake brakes is not the cause of the noise. The noise is created by engines which have been modified. Rather than adopt jake brake prohibitions, the LMC recommends that cities adopt more comprehensive ordinances which regulate vehicle noise in the community in accordance with the standards adopted by the MPCA (Minn. Stat. 169.69 _ 169.693). Signs would then be installed along TH13 indicating "vehicle noise laws enforced." Any signs placed on TH13 would require the passage of a City Council resolution and adoption of a noise ordinance meeting MnDOT standards. The City would be the enforcement agent on local and State roadways. Conclusion: The Prior Lake City Code already incorporates by reference Minnesota Statutes 169 which includes the sections referenced above. Therefore, the City could enforce the noise guidelines in response to complaints or during the harvest season when heavy truck traffic is typically observed. The question is whether we wish to install the signs. The installation of the signs on TH13 may create greater public expectation that we are aggressively enforcing noise laws. In fact, we do not have noise monitoring shifts so our response is in reaction to a complaint. Too often, the source of the problem is gone before we can verify a noise violation. The question is do we have the officer work this detail or an assignment more consistent with community policing, There is also the issue of on-going operator training and equipment calibration. Finally, decibel meters are affected by wind and other non-vehicular noise which could undermine enforcement efforts. From a staff perspective, sign installation will lead to public expectations that the City will be hard pressed to fulfill. We recommend that the signs not be installed 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER 'f" City Council Agenda Report 90 May 1, 2000 and that the staff monitor the number of violations. At the appropriate times, noise monitoring could be initiated to curb actual noise violations. Such action will also save the cost of sign fabrication and installation, both of which the City would become responsible for. ALTERNATIVES: (1) Conduct a public hearing to determine if this is perceived as a serious issue in the community. (2) Take no action. (3) Adopt the attached resolution requesting MnDOT authorization to install "vehicular noise laws enforced" signs at the City's cost. RECOMMENDED MOTION: Alternative (2). From a staff perspective the installation of the signs creates the obligation of aggressive City enforcement. Unless we intend to fulfill this obligation, we should not create the expectation. I :\COUNCIL \AGNRPTS\2000\0501_ 90 .DOC Lllagull of Minnllsota CitillS CitillS promoting ll"CllUllnCll 145 University Avenue West, St. Paul, MN 55103-2044 phone: (651) 281-1200 · (800) 925-1122 TDD (651) 281-1290 LMC Fax: (651) 281-1299 · LMCIT Fax: (651) 281-1298 Web Site: http://www.l:mnc.org March 24, 2000 Frank Boyles 16200 Eagle Creek Avenue Prior Lake, MN 55372 Dear Mr. Boyles: This letter is in response to your request for sample "jake" braking ordinances. When we spoke, I believe I mentioned a few problems involved in regulating "jake" braking, including the safety issue. These problems are outlined in the attached letter and memorandum prepared by my colleague, Anna Burgett, on September 10, 1999, and November 5, 1999, respectively. Anna also mentioned the Minnesota Department of Transportation's (MnDOT) recommendation that cities deal with the problem ofloud noise from semi-trucks by enacting noise ordinances. On December 17, 1999, MnDOT adopted new guidelines for "jake" braking sign usage. A copy of the guidelines is attached. Signs no longer may display the term "jake" braking; instead, they should read "Vehicle Noise Laws Enforced." Before a city in the seven-county metropolitan area can post these signs, the city must pass a resolution stating that it will enforce state vehicle noise laws. Metro-area cities must fabricate and install their signs, and work with the district traffic engineer to obtain permits to place signs on state roadways. Local officials must enforce their noise ordinances. If you have additional questions about MnDOT's new guidelines, you can contact Michael Weiss at MnDOT at (651) 284-3440. The district traffic engineer for Prior Lake is Harris Baker; he can be reached at (651) 634-2146. Larry McKenzie is another metro district traffic engineer; his phone number is (612) 797-3143. I am enclosing several sample "jake" braking ordinances (555G Ord.) and a model noise ordinance (400b Shelf Memo). As noted earlier, the latter is the preferred method for regulating semi-truck noise. This material is for general informational purposes only; it is not intended to provide legal advice. While this material may contain language that could serve as a model in drafting your own documents, they will need to be tailored to meet your city's specific situation. You should have your city attorney review them to ensure they comply with current statutes, regulations, and court decisions. Sincerely, a,/;~ 0 tflttJ Andrea D. Engl~dt II Staff Attorney AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER ... 'y--" .....00_._.__.... ........ ..._.".__. LMC 145 University Avenue West, St. Paul, MN 55103-2044 phone: (651) 281.1200 · (800) 925-1122 TDD (651) 281-1290 LMC Fax: (651) 281-1299 · LMCIT Fax: (651) 281-1298 Web Site: http://www.lmnc.org League of Minne.ola Cilie. Cilie. promoling eJtCtllknu September 10, 1999 Ms. La V onne Sundlee PO Box 676 11ontevideo,~ 56265-0676 Dear Ms. Sundlee, TIlls letter is in response to your inquizy requesting sample "jake" braking ordinances. My colleague, Mr. Bill Makela, has asked me to pass along information I collected from the Mnnesota Department of Transportation (MND01). I spoke with Mr. Nlichael Weiss at MNDOT, and according to him, MNDOT has placed a moratorium on all signs dealing with "jake" braking statewide. Apparently the term "jake" .' brake refers to a specific manufacturing company, Jacobs Braking Company, which has v copyrighted the name "jake brake." Jacobs Braking Company has recently filed a lawsuit against the users of the term "jake brake" without the company's consent. Interestingly, the disruptive sound produced by semi-trucks and most frequently referred to /' in Mnnesota as "jake" braking is not a result of the actual braking procedure, but rather a faulty or tampered engine. Thus the more accurate term for the mechanism causing the loud sound is engine braking. If done properly, and by a well-maintained vehicle, the braking procedure in a semi truck should make no noticeable or additional sound. Therefore, banning the practice of "jake" braking could result in serious injwy if truck drivers are prevented from braking within city limits. MNDOT suggested that the best way to approach a situation involving loud semi-truck vehicles is to enact a local noise ordinance. Local police officers ~ed with _efiforcing the ordinance, but truck drivers coUld be stopped and cited under the ordinance if iheIi01sy practice continues. If your city chooses to post warning signs, MNDOT suggests that the content of the sign refer to the fact that local noise ordinances are enforced, and exclude specific references to braking. Please be aware that no signs may be placed on state highways or freeways without prior approval of MNDOT. AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER If you would like to speak. to Mr. Weiss directly, his telephone number is: 651-582-1080. I have also placed in the mail a sample of our model noise ordinance that I hope will be of help to you in your efforts to address the noise within city limits. The League of Minnesota Cities provides this material for general informational purposes. It is not intended to provide legal advice and should not be used as a substitute for competent legal guidance. Consult your attorney for advice concerning specific situations. If you have any questions about the enclosed material or further questions, please feel free to contact me. Sincerely, Anna Burgett Research Analyst ... ............ -'~""''''T'' Are Jake brake signs in danger? 1? 55"5"G- .I'l' , IJ;} .!I'J,..::JC'c 1..:_1..:.. j.. ) ~ tn7C by Lash Chaffin Utilities Section Director Many Nebraska municipalities have or- dinances prohibiting the use of "Jake Brakes." These ordinances are designed to prevent excessive noise often pro- duced by devices on trucks that have en- gine retarders designed to slow trucks down in addition to the normal braking mechanisms. In order to enforce these ordinances, the municipalities post signs on the highways leading into the munici- pality. These signs give truckers notice that the ordinance is in place so that they can adjust their trucks accordingly. The Nebraska Department of Roads Traffic Division has highway sign specifications for this type of sign outlining sign and letter size, color, permissible sign loca- tions, as well as the actual language that can appear on the sign. The standard specifies the following language: JAKE BRAKES PROIDBITED CI1Y ORDINANCE Recently, a company known as Jacobs Vehicle Systems sent a letter to many municipalities bringing into question the legality of these signs. Jacobs Vehicle Systems is the manufacturer of an engine retarder brake known as the "Jake Brake." The term "Jake Brake" is a brand name and an actual registered trademark held by Jacobs Vehicle Systems. There are a number of other companies that produce these types of engine retarder braking systems that are not called "Jake Brakes." Jacobs Vehicle Systems contends that posting signs that use the term "Jake Brake" might be a violation of Federal Trademark Laws, because these signs would be an unfair use of their name. One letter suggested some lengthy language as an alternative. In order to avoid a lawsuit, the simple solution would appear to be to post signs with alternative language. However, this will not work because there is no current Nebraska Department of Roads standard for any alternative language. The Utilities Section has submitted a formal request to have specifications developed for an alternative sign. The Department of Roads is concerned that the alternative language not be too long so as to have the effect of distracting drivers. Thus, the Utilities Section has asked that specifi- cations be developed for a sign that uses thetenn "ENGINE BRAKES." The Utilities Section has also requested that the original language continue to be permitted, allowing municipalities to evaluate their own legal risks. If your municipality is currently in the process of putting up "Jake Brake" signs, the Department of Roads is apparently allowing alternative language in certain instances. Contact Randall Peters at 402-479-4567 if you want to pursue this option. . GFOA endorses state, local government Internet tax simplification proposal CW ASHINGTON, D.C.) - The Government Finance Officers Association (GFOA) has endorsed the Internet tax simplification proposal submitted by state and local gov- ernment organizations to the federal Ad- visory Committee on Electronic Com- FEMA names Scottsbluff, Gering as Project Impact communities for 2000 Scottsbluff, Gering and Scotts Bluff County have been named by FEMA as Project Impact communities for the year 2000. They join Beatrice and Superior in the joint federal, state and local effort to make communities less susceptible to damage from natural disasters. "Scottsbluff and Gering were asked to participate as Project Impactcom- munities because of their support of disaster prevention actions in order to reduce today's disaster potential," Gov. Mike Johanns said. "In addition, they were chosen for their existing net- work of private and public partnerships in their communities." The Nebraska Emergency Manage- ment Agency will work with FEMA, the communities and their local partners to implement strategies and actions that will limit damage before disasters strike again. In their application, the communities identified tornadoes, win- ter storms and flooding as three natu- ral disasters where planning will be fo- cused as part of the Project Impact effort.. merce (ACEC). The ACEC was estab- lished by Congress to make recommen- dations regarding taxation of electronic commerce transactions made via the Internet, and is scheduled to issue its re- port in April 2000. The Streamlined Sales Tax System for the 21st Century, or "zero burden" pro- posal, would substantially change the cur- rent system of state and local taxation. The proposal would lead to a more simple, uniform and fair system of state sales.and use tax. It would reduce the collection burden on remote sellers. In its letter to the ACEC, GFOA high- lighted six reasons for its support of the proposal: (1) the plan is voluntary; (2) collection burdens are reduced; (3) the plan prom- ises a simplified system; (4) the proposal promotes fairness; (5) it maintains ecO- nomic stability; and (6) state and local fiscal authority and revenues are pre- served. GFOA also noted that the plan meets the criteria laid out by the ACEC in its call for simplification proposals. · MEMORANDUM LEAGUE OF MINNESOTA CITIES 145 UNIVERSITY AVENUE WEST SAINT PAUL, MN 55103.2044 PHONE: 651-681-1220 800-925-1122 FAX: . 651.281-1296 DATE: MR. MICHAEL BOYLE ANNA BURGE'll RESEARCH ANALYST JAKE BRAKING ORDINANCES CITY OF MORGAN 11/05/99 TO: FROM: SUBJECT: This memo is in response to your inquiry about "jake braking" ordinances. Please find the enclosed memo outlining MDOT's recommendations for cities. Although the MNDOT safety committee has not formally adopted a position on engine braking, as of today Mr. Weiss indicated that cities could post signs that read "Vehicle Noise Laws Will Be Strictly Enforced.>> MNDOT would like cities to amend their existing ordinances to address the enforcement of Minn. Stat. Sec. 169.69 and 169.693 in addition to Minnesota Pollution Control rules. The League of Minnesota Cities provides this material for general informational purposes. It is not intended to provide legal advice and should not be used as a substitute for competent legal guidance. If you have any questions about the enclosed material or further questions, please feel free to contact me. Enel. I ~nr r-.I.\'" LI 'tUJ.1 'tL...LJ'J.1 'tU I o.^. V-'.L ~v....) "1o-'~U 1"101 ~..... vv DEPARTMENT Mn/DOT-TRAFFIC ~NGlNEERING Mail Stop 725 STATE OF MINNESOTA OFFICE MEMORANDUM TO: District/Division Traffic Engineers ?- Mike Weis~Chair TEa Signing Committee PATE: December 17, 1999 FROM: PHONE: 284-3440 SUBJECT: TEO Signing Committee Topic #107 Vehicle Noise Laws Enforced Signing The TEO Executive Committee approved the following new guidelines to replace the current. guidelines in.the TEM, Section 6-5.11 Jake Braking Sign Usage: GENERAL CRITERIA FOR NEW SIGN REOUESTS: Signing may be permitted on conventional trunk highways (two-lane two-way) and on non-freeway segments (no freeway '1:ype interchanges) of expressways. Signing will not be permitted on freeways. Only one sign shall be' allowed per trunk highway approach into a community. The new sign panel displays the message "VEHICLE NOISE LAWS ENFORCED" in'black legend on.white background (copy of sign panel design attached). NOTE: Th~ new sign panel ;retains the current standard sign number (Rl6-X13) assign~d the "TRtJCXS - NO JAKE BRAXING" sign since it replaces this sign The placement of signs should be as follows: Low speed urban areas - 24" x 24".size High speed suburban and rural areas - 36" x 42" size NOTE: There must be adequate space for each sign as deter.mined by the district/division traffic engineer The re~est for installation of a sign(s) shall be made through the offices of or by the community I~HrrlL tN~lNtt~lN~ raX:O::>1-LU::>-4::>LO ,.,al L'-l VV ;;>-.l.V r.voJ It is the responsibility of the local law enforcement agency to enforce the sign{s) Seven County Minneapolis-St. Paul Metropolitan Area The community must pass a ~esolution stating that it will enforce Minnesota Statute 169.69 " (MUFFLER) and Minnesota Statute 169.693 {MOTOR VEHICLE NOISE LrMITS} (copies attached) prior to requesting the sign(s). A copy of the MPCA Minnesota Motor Vehicle Noise L~its (referenced in Minnesota Statute 169.693) is also attached. outside of the Seven County Metropolitan Area The community may pass a resolution stating that it will enforce Minnesota Statute 169.69 (MUFFLER) and Minnesota Statute 169.693 (MOTOR VEHICLE NOISE LIMITS). FABRICATION AND INSTALLATION GUIDELINES FOR NEW SIGN REQUESTS: Seven County Minneapolis-St. Paul 'Metropolit~ Area The requesting community shall fabricate and install the sign(s) with their own forces or under contract. A permit from Mn/DOT will be required for placement of signs on trunk highway right- of-way. The sign panel shall be fabricated with sheet aluminum and reflective sheeting in ac~ordance with current Mn/pOT standards. If a sign structure is to be located within the clear zone, it shall meet FHWA breakaway requirements. All future maintenance of signs (knockdowns, replacement, etc.) are the responsibility of the community. Outside of the Seven Co~ty Metropolitan Area Signs are to be installed under either of the following methods: ~he requesting community may fabricate and in~tall the sign(s) with their own forces or under contract. A per.mit from Mn/nOT will be required for placement of signs on trunk ,highway right-of-way. .....-.. ......~._".--.....r-._......_-------_. I KHi ilL t.l'llJ 11'lt.t.1'( 11'llJ t"dX.O:ll-LU:l-Ll:lLO '"10.1 ~4 vu ;;:I'J.V r.u4 The sign panel shall be fabricated with sheet aluminum and reflective sheeting in accordance with current Mn/DOT standards. If a sign structure is to be located within the clear zone, it shall meet FHWA breakaway requirements. All future maintenance of signs (knockdowns, replacement, etc.) are the responsibility of the community. Mn/DOT forces may fabr~c.ate and install the sign(s). The requesting community shall pay all fabrication and installation costs ,prior to fabrication of the sign panel(s) . All future maintenance of signs (knockdowns, replacement, etc.) will be performed by Mn/nOT forces and the requesting community shall pay all costs. REPLACEMENT OF EXISTING SIGNS communities with existing signing should be notified by district/division traffic office personnel. All existing Jake Brake sign panels (and sign structures installed by others within' the clear zone that do not meet the FHWA breakaway requirements) shall be removed by Mn/DOT forces at Mn/DOT's expense by July, 2000~ Th~s includes all existing signs installed by Mn/DOT or by others within the right of way of trunk highways enter~ng communities. Mn/DOT forces to install a n~w sign structure to replace any existing sign structure installed by others that do not meet FHWA breakaway requirements. Mn/DOT to fabricate and install the new "VEHICLE NOISE LAWS ENFORCED" sign panels on existing and new Mn/DOT sign structures at its own expense. Any community with existi~g Jake Brake si~~ is not required to pass a reso1ution. I~HrrlL ~ND1N~~K1ND rax:t>::ll-LU:>-Ll:lLO "le1l L4 VV ;;>'.L.L r. V,J These guidelines will be discussed at the next MCUTCD committee meeting to determine if they should be included in the TEM or MnMUTCD. Nece8sary revisions to the appropriate manual will be ~plemented in the next update. Attachme--.l.ts: Sign panel design Minnesota statutes 169.69 &: 169.693 MPCA Minnesota.Motor Vehicle Noise Limits cc: AME's Bill Amberg, Duluth Joel Anderson, .Bemidj i Brian Aase, Brainerd Bruce ,Olson, Morris J~ Ho~, Oakdale Steve Skree, Rochester Verlyn Smith, Mankato Mark Cain, Willmar Ed Shea Dave Buss Bruce Hall, Bob Weinholzer John Benson Dave Marks, Vi~ginia Dennis Aaker, Crookston Vern Beuning, St. Cloud Glen Johnson, Oakdale Dave Schmidt, Golden Valley Ellsworth. Gallentine, OWatonna Dan Briard, Windom Dick Persoon, Marshall Larry McKenzie Harris Baker Mike Spielmann Ken Schroepfer Jon Jackels ~. _._.__._-_."..",--~....-.~_.,---,..,----'----------_.~------_.-~_._._".~-'-------~.._~-., I~HrrlL tN~lNtt~lN~ rax:b~1-LU~-4~Lb Mar L4 'UU ';j:ll ~ A-. -J-r--A- -f-!-A-i-l- -z- ..-3--.. -1'- [iJ ....J II I !. U) -o~ U ~(/) 0 ~ -:z: 10 l~ ~1zL.J ~_. I N '<it X co M It) MOO N '<it M'<it Mal ~~~~enco""&Dcwi 'It C'I/ X 'It N ~COMen~It)~MN ....MCO,,1t) en (J~auo-o ~~ ~~g ... --, t-'.Ub CU \Din "0 E: :J e ~ u lU J:I "0 1IJ .~ ... c - o CD ;:: ~ m ..... :c ~ c: c ... CD "0 . '- U)c ~.Q 0"0 .Efii .5-0 ~i cuen fA.!!! C:..lO: .9 U fA 111 ~Cii E' .- '- "l:JO ='0 ~() "':c-J a::: -- o ~ La... ~ CO MM CD - cii w Cl .r:. .- .... ~ - E c: 0 Q, C' .. II) ..... :J > ~ )( > N .... o z IItl.,rJ!.EIOI1:t 1, VEHICLE NOISE LAWS ENFORCED; ~ ~ 0 +j.o"TP...'fo~ APPROVED DATE OF REV. 8/25/97 1 0/18/99 SIGN NUMBER R16-X13 TRAFFIC ENGINEERING I ... ':.":f,. '.~~.",,:....:.. . ~~~ .1 " :e :.ate re- m- ,fa ~ is md be ne, ~n.. C' be- .tor ent re- : !l.in n's . ,. lay ,,' .of ... t ";" . ~er :.J;. ., : .A .~ '; ild .~ , ~'.'. les 4 :he ... , :dc :' 1al .. is- m- '. 's :11- l: 'e- 'ut ,a he he ~a \'- :lc ~n Fax:651-205-4526 Mar L4 'UU ';j:ll 393 T1VJl"IC REGU1.A"f10~"S 16'-10 Subd. 2. Sent belt exemptions. This s~ction shaH not apply ro: (1) a persQn driving a passenger vehicle in reverse; (2) a person' riding in a seilt in which all the seating positions equipped with safety belts arc occupied by other persons; (3) a person who is in possession of a writt~n cerrificate from a licensed physician veri- fying thar because of mcc;tieal unfitness or physical dis~bility'the: person is unable to wear a sent belt; . (4) a person who is actually engaged in work that requires the person to nlight from and reenter 3 passenger vehicle ar frequent intervals .and who. while engaged in rhat work, does nOT drive or travel in that vehicle at a spe~d exceeding 25 miles per.hour. (5) a rural mail carrier.of~e United States Postal Service while in the perfonnance of duties; (6) a person driving or riding in a pas~enger vehicle manufacwredbefore Ji!nuary 1, 1965; and (7) a person driving or riding in a piclaJp rruck. as defined in seclion 168.011. subdivi- sion 29. while engaged in nonnal farming work or acti vity. Subd. 3. Appropriation; special account The fines collected for a violation of subdi- vision 1 must be deposited in the srale treasury and credited to II special accounr 10 be known as the emergency medical services relief account. Ninetypercentofthernoney in the account shall be distributed to the eighr regional emergency medical services systems designated by the emergency medical services regulatory bO:lrd under section J 44E.SO. for personnel educntion and rraining. equipment and vehicle purchases. and operational expenses of emer- gency life support transporratlon services. The board of directors oreach emergency medical services region shnll establish criteria for funding. Ten percent of the money in the account shall be distributed to the commissioner of public safelY for the expenses of traffic safely educational prograros conducted by stilte patrol troopers. History: 1986 ~ 310 s 3: 1986 ('444: 1988 c 648 s 1,2: 1989 d8B s 1: 1991 c 204 s 1,2; 1993 c 26 s 9: 1994 c 600 s S: 1996 c 324 s 4: 1997 c 199 s 14 16.9.69 MUFFLER. Every motor vch.iclc shall Dt all times be equipped with a mufflerin good working order which blends tbe exhaust noise into the overall vehicle noise and is in constant operation to prevent excessive or unusual noise, and no person shall use a muffiercutout. bypass, orsirni- Jar device upon a motor vehicJ~ on a streetor highway. The -exhaust system shall nor emit or produce a sharp poppinz; or crackling sound. Every morar vehicle shall at all times be equipped with such patts and equipment so arranged and kept in such s,late of repair as to prevent carbon mon,oxide gas from entering the inrerior of rhe vehicle. No person shilll have for sale. seU or off~rfor sale or use on any moror vehicle ilny muf- fler that fails to comply with the specifications 'as required by the commission<.'T of public: safety. History: (2720-258) 1937 c 464 s 108; 1939 c 430 s 20: 1953 c 306 s I: 1971 c ) 491 oS 2S 169.691 [Repealed, 1974 c 500 s 2J 169.692 [Repealed, 1974 c 500 s 2J 169.693 MOTOR VEHICLE NOISE LIMITS. "- It is unlawful to operate a motor vehicle: in violation .of motot: vehicle n~ise rules j a~pted by the pOllution conrrol agency.' . Ristor)': 1974 c JOO s 1,' 1985 C 248 s 70 169.70 REAR VIEW MIRROR. Every motor vehicle which is so constructed. lORded or connecred wim another vehicle as to obstruct the driver's view to the rearthereoffrom the driver"s position shall be equipped t-'.U( I I ! I i I i j I KHr r 1 L t.NlJ 1 Nt.t.K 1l'llJ raX;O~1-LU~-4~LO IVlar L4 UU ~'ll r.uo Minnesota Motor Vehicle Noise Limits MlNNESOTA RULES CHAPTER 7030 ~OTAPOLLUTIONCONTROLAGENCY AlR QUALITY DIVISION NOISE POLLUTION CONTROL MOTOR VEHICLE NOISE LlMITS 7030.1000 DEFmlTION. "Motor vehicle" means any self-propelled vehicle not operated exclusively upon railroad u'acks and any vehicle propelled or drawn by a self-propelled vehicle and includes vehicles known as trackless trolleys which are propelled by electric power obtained from overhead trolley wires but not operated upon rails, except snowmobiles. Statutory Authority: MS s 1 16P7 subd 4 History: 18 SR 614 7030.1010 PROHIBITIONS. Subpmt 1. Operation of vehicle. No person shall.operate either a motor vehicle or combination of vehicles of a type subject to registration pursuant to Minnesota Statutes, chapter 168 at any time or under any condition of grade, load, ,acceleration. or deceleration in such a manner as to exceec;l the noi$e limits contained herein for the category of motor vehicle and speed limits specified, when tested,with a meas.urement procedure approved by the commissioner. Subp.2. Sale of vehicle. No person shall sell or offer for sale a new. motor vehicle or combination of vehicles of a type .subject to registration pursuant to Minnesota Statutes, . . chapter 168 which when maintained according to the manufacturer's specifications would exceed the noise limits contained herein for the category of motor vehicle and speed limits specified, when tested with a measurement procedure approyed by the commissioner. Subp. 3; Modification of vehicle. No person shali modify a motor vehicle or combination of vehicles of a type subject to registration pursuant to Minnesota Statutes, chapter 168 in a manner which will amplify or increase the noise emitted by the vehicle, above the noise limits contained herein for the category of motor vehicle and sp~ limits specified, when teste~ with a measurement procedure approved by the commissioner. No person shall operate a motor vehicle so modified. Subp. 4, Sale of parts. No person shall sell or.offer for sale replacement or additional parts for a motor vehicle or combination of vehicles of a type subject to registration pursuant to Minnesota Statutes, chapter 168 which when installed in the vehicle will amplify or increase the noise emitted by the vehicle, above the noise limits contained herein for the category of motor vehicle and speed limits specified, when tested with a measurementprocedure . approved by the commissioner. No person shall' operate a motor vehicle incorporating suchtparts. Statutory Authority: MS s J 16.07 ~mhd 4 History: L 1987 c 186 s 15; 18 SR 614 7030.1020 SCOPE. 26 IRArrlC ~N61N~~R1Nb rax:b:>1-20:>-4S26 Mar L4 'UU '.:t:1L This chapter applies to the total noise from a vehicle or combination of vehicles of a type subject to registration pursuant to Minnesota Statutes, chapter 168 and shall not be construed as limiting or precluding the enforcement of any other provision of law relating to motor vehicle exhaust noise. Statutory Authority: MS s 116.07 subd 4 History: 18 SR 614 7030.1030 EXCEPTIONS. Vehicles under p~ 7030.1050 and 7030.10pO are allowed to exceed the noise limits contained herein when performing acceleration maneuvers for safety purposes. Statutory Authority: MS s 116.07 subd 4 History: 18 SR 614 7030.1040 NOISE LIMIT FOR VEHICLES OVER 10,000 POUNDS. Motor vehicle noise limits for vehicles with a manufacturer's gross vehicle weight rating of more than 10,000 pounds and any combin~tion of vehicles towed by such motor ve?ic1e. 7030.1040 NOISELIMlT FOR VEHICLES OVER 10,000 POUNDS. no a1' '10 .". .s .. u ~ -I .". g 10 en ,... ... C& J!) 2 l 4 S ClI!t4 2 ~ 4'~ Clll~ Oi.tane. In F..t From tha Cantu of the Lone of Travel A. Speed limitS greater than 35 mph. , B. Speed limits equal to or less than 35 mph and stationary run-up tests (for vehicles with governed engines). For stationary run-up tests on all-paved surfaces, add 2 dBA. C. Speed limits equal to or less than 35 mph an9 stationary run-up tests (for vehicles with" . governed engines), for vehicles manufactured on or after January 1, 1978. For stationary run-up tests on all-paved surfaees, add 2 dBA. . D. Speed limits equal to or less than 35 mph and stationary run-up tests (for vehicles with govemed engines)) for vehicles manufactured on or after January I, 1982.' For stationary run-up tests on aU-paved surfaces, add 2 dBA. ., Statutory Authority: MS s J 16.07 $ubd 4 IIist\)t)'~ 18 SR 614 7030.1050 MOTOR VEHICLE NOISE LIMITS FOR MOTORCYCLES. 7030,1050 27 r'.u'.:t "-r-"~'-'-------'._'-- TRAFFIC ENGINEERING Fax:651-205-4526 Mar 24 'W <;l:lL l-'.lU Ice 4: co . Iv '\;l .: ~ 10 .. -J .... ,.. "! ~ to (l') 6G 10 Z ~ ~ UHUlC 'Z 3 4 5 tHSWl<< Di5tonc. i" Feel Frum the Cenrer of The Lone of Trovel' A. For vehicles manufactured before January 1, 1975. B. Speed limits greater than 35'mph for vehicles manufactured on or after January I, 1975. C. Speed limits equal to or less than 35 mph for vehicles manufactured on or after January 1. 1975. . Statutory Authority: MS s 116.07 subd 4. History: 18 SR 614 7030.1060 NOISE LIMITS FOR OTHER VEHICLES. Motor vehicle. noise limits for any other motor vehicle not included under parts 7030.1040 and 7030.1050 and any combination of vehicles towed by such:motor vehicle. . Ion < IX) $' ~ .!E -; 10 ., ...J "0 II:: g TO en SOil 2 )4UH9~ l )4HlnlCtiO. Distanc. in Fe,' From Ilia C,nt.r of 'he Lene of Troy" Statutory Authority: MS s 116.07 subd 4 History: 18 SR 614 28