LOCAL TRAFFIC REGULATIONS: 

PROHIBIT COMPRESSION BRAKES

House Bill 5730

Sponsor:  Rep. Bob Genetski

Committee:  Local Government

Complete to 9-17-14

A SUMMARY OF HOUSE BILL 5730 AS INTRODUCED 8-27-14

House Bill 5730 would amend the Michigan Vehicle Code to allow local governments, including county road commissions, to prohibit the use of compression brakes on portions of the state trunk line that fall within their limits and lie within 200 yards of an area where the speed limit is posted 35 miles per hour. 

Under the bill, a local authority or county road commission that prohibited the use of compression brakes would be required to place appropriate signs on the highway (conforming with the requirements of Section 608 of the act).  The cost of erecting the signs would be borne equally by the local authority or county road commission and the state Department of Transportation. 

The bill specifies that "compression brakes" means brakes commonly known as "jake brakes."

A person who violated an ordinance or resolution prohibiting the use of compression brakes would be responsible for a civil infraction.

MCL 257.726

FISCAL IMPACT:

For those local agencies that elected to prohibit compression brakes under provisions of the bill, the only direct fiscal impact would appear to be for the costs of required signs. Under provision of the bill, costs of erecting signs would be borne equally by the local agency and the Michigan Department of Transportation. The total statewide cost to the department of required signs would depend on the number of local agencies that elected to prohibit compression brakes under provisions of the bill, and cannot be readily estimated at this time. 

The bill would have some indirect revenue impact for those local agencies that elected to prohibit compression brakes to the extent that the bill could increase citations and related civil infraction revenue. Again, this impact cannot be estimated at this time.

                                                                                           Legislative Analyst:   J. Hunault

                                                                                                   Fiscal Analyst:   William E. Hamilton

■ This analysis was prepared by nonpartisan House staff for use by House members in their deliberations, and does not constitute an official statement of legislative intent.