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City Council recently introduced an ordinance amendment that would eliminate the current prohibition on the use of diesel truck engine brakes on 31st Street in the city -- a prohibition put in place three years ago after residents of that area complained about the noise the devices make.
"(The ban) is virtually unenforceable," said Councilman Dave Butterbaugh. "Jake brakes are for safety, and the argument can be made that to not allow someone to use them is hindering (that) safety."
City staffers recently informed council that the police department lacks the manpower for targeted enforcement of the prohibition, that the prohibition might not pass legal guidelines and that banning such a safety device might create liability for Altoona, said Councilman Ron Beatty.
Putting restrictions on the use of equipment that helps truck drivers control their rigs didn't seem like something the government should be doing, several council members said, after hearing about the enforcement issues, said Councilman Dave Ellis.
Jake brakes cause the air that flows into the cylinders of diesel engines to exit through the exhaust valves without powering the pistons, according to wewin.com.
The operation of the supplementary braking system causes a loud hammering.
The city worked with PennDOT District 9 when it enacted the ban in the first place, Butterbaugh said.
Municipalities need PennDOT approval for such bans, according to a research paper written for the Connecticut General Assembly in 2004.
At that time, PennDOT considered the crash history and physical features of the stretch of road proposed for a ban before giving the OK, according to the research paper.
PennDOT didn't allow bans when the grade of the roadway exceeded 4%; where there was a reduced speed limit for trucks; in low-gear zones; where the speed limit was over 55 mph; where there had been a runaway truck crash during the preceding three years; and where there was a pattern of trucks rear-ending other vehicles, according to the research paper.
Jake brake prohibitions exist in a "legal gray area," according to a web page published by the Ehline Law Firm in Los Angeles.
"(P)olice enforcement is questionable on legal grounds for many reasons," the web page states.
Those include the difficulty for police to prove there has been a violation, especially if they lack proper decibel measuring equipment; potential conflicts with laws designed to protect interstate commerce, due to the burden the bans place on shippers, resulting in higher customer prices; and the additional wear the bans place on regular truck brakes, according to the web page.
Conversely, the desire to restrict the use of jake brakes is understandable, according to the web page.
"Many residents along the shipping pathways hate the constant sounds of large trucks slowing down through jake braking," the web page states.
Mirror Staff Writer William Kibler is at 814-949-7038.