CHAPTER 164

FORMERLY

SENATE BILL NO. 64

AS AMENDED BY

SENATE AMENDMENT NOS. 2 & 1

AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO ENGINE COMPRESSION BRAKE DEVICES.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each house thereof concurring therein):

Section 1. Amend Chapter 43, Title 21, Delaware Code by inserting therein the following:

Ҥ4311A. Muffler requirements for commercial vehicles equipped with engine compression brake devices.

(a) No person shall drive a commercial vehicle equipped with an engine compression brake device on a highway, including residential streets, unless such commercial vehicle is also equipped with a muffler in good working order and in accordance with manufacturer’s specifications and in constant operation to prevent excessive noise.

(b) For the purposes of this section, ‘engine compression brake device’ shall mean any device that uses the engine and transmission to impede the forward motion of the motor vehicle by compression of the engine.”.

Section 2. Amend §4315, Title 21, Delaware Code by redesignating subsections (c) and (d) thereof as (d) and (e) respectively and by inserting therein the following:

“(c) Whoever violates §4311A of this Title shall be fined $500.”.

Section 3. Amend §4311, Title 21, Delaware Code by adding thereto the following:

“(d) The provisions of this section shall only apply if there is not a violation of §4311A of this Title.”.

Approved July 12, 2005