HB0728sam002 93RD GENERAL ASSEMBLY

Sen. Susan Garrett

Filed: 4/21/2004

09300HB0728sam002 LRB093 05831 DRH 49911 a

AMENDMENT TO HOUSE BILL 728

AMENDMENT NO. ______. Amend House Bill 728 by replacing everything after the enacting clause with the following:

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

(625 ILCS 5/12-602.1 new)

Sec. 12-602.1. Excessive engine braking noise.

(a) The driver of a commercial vehicle, as defined in Section 1-111.8 of this Code, may not operate or actuate any engine braking system that emits excessive noise.

(b) This Section applies only on highways where appropriate signs prohibiting that operation have been erected. The sign shall state, "EXCESSIVE ENGINE BRAKING NOISE PROHIBITED".

(c) The Department of Transportation shall adopt rules providing for the erection and placement of these signs.

(d) 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.

(e) 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.".