Bill Text: NJ AR11 | 2012-2013 | Regular Session | Introduced
Bill Title: Requests DEP, MVC, Attorney General, and Division of State Police to adopt regulations necessary to address engine braking noise from diesel trucks.
Spectrum: Bipartisan Bill
Status: (Passed) 2012-12-04 - Filed with Secretary of State [AR11 Detail]
Download: New_Jersey-2012-AR11-Introduced.html
STATE OF NEW JERSEY
215th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2012 SESSION
Sponsored by:
Assemblyman RALPH R. CAPUTO
District 28 (Essex)
SYNOPSIS
Requests DEP, MVC, Attorney General, and Division of State Police to adopt regulations necessary to address engine braking noise from diesel trucks.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Assembly Resolution requesting the Department of Environmental Protection, the New Jersey Motor Vehicle Commission, the Attorney General, and the Division of State Police in the Department of Law and Public Safety to adopt any rules or regulations necessary to address the noise from engine braking of diesel trucks.
Whereas, Engine braking noise from diesel trucks travels for long distances throughout the day and night, disturbs the repose and well being of State residents, and adversely affects their quality of life; and
Whereas, Studies have consistently found that the root cause of the excessive noise from engine braking is diesel trucks with improperly functioning mufflers; and
Whereas, Noise from engine braking is currently not enforced on interstate highways in the State; and
Whereas, Truck traffic and the resulting noise on interstate highways has greatly increased over the past 10 years and is expected to continue to increase; and
Whereas, New Jersey is the most densely populated state in the United States, putting many residential areas within audible proximity to interstate highways; and
Whereas, Trucks are required to be equipped with effective mufflers when first sold and therefore requirements in this regard should not create new or unlawful requirements for truckers; and
Whereas, Many truckers have purposely modified their muffler systems after purchase for a variety of reasons, making those systems ineffective for reducing engine braking noise; and
Whereas, New Jersey law prohibits the operation of motor vehicles without properly working muffler systems; and
Whereas, The use of engine brakes should not be banned outright, because engine braking serves to enhance public safety; and
Whereas, The Noise Control Act of 1971 authorizes the Department of Environmental Protection to control excessive noise from a variety of sources but rules and regulations adopted pursuant to that law have exempted motor vehicle noise from that department's regulations; and
Whereas, The control of engine braking noise necessitates the New Jersey Motor Vehicle Commission enforcing State muffler requirements and the State Police enforcing State noise standards, muffler requirements, and other roadway regulations; now, therefore,
Be It Resolved by the General Assembly of the State of New Jersey:
1. The Department of Environmental Protection, the New Jersey Motor Vehicle Commission, the Attorney General, and the Division of State Police in the Department of Law and Public Safety are requested to adopt any rules or regulations necessary to address the noise from engine braking of diesel trucks.
2. Authenticated copies of this resolution, signed by the Speaker of the General Assembly and attested to by the Clerk thereof, shall be sent to the Governor, the Attorney General, the Commissioner of Environmental Protection, the Administrator of the New Jersey Motor Vehicle Commission, and the Division of State Police.
STATEMENT
This resolution requests the Department of Environmental Protection, the New Jersey Motor Vehicle Commission, the Attorney General, and the Division of State Police in the Department of Law and Public Safety to adopt any rules or regulations necessary to address the noise from engine braking of diesel trucks.
