Demand That The State of Oregon Post Signs Prohibiting Compression Braking

Last year I bought a house in the Southwest Hills overlooking highway 26 just on the East end of the tunnel and highway 405. My first night at my new house I was awoken by what I can only describe as automatic weapons fire. This happens on a daily basis usually between 1:45 am and 3:45 am. I discovered that this noise pollution is being generated by unmuffled engine braking which is considered a Class A traffic violation see:

2017 ORS 811.492 Engine braking
1. A person commits the offense of engine braking if the person is operating a motor vehicle on a highway and uses an unmuffled engine brake.

2. The offense described in this section, engine braking, is a Class A traffic violation.

3. A person is not in violation of this section if the person uses an unmuffled engine brake in an emergency situation to avoid imminent danger to a person or to property. [1993 c.314 §7]
https://www.oregonlaws.org/ors/811.492

Compression-release ("Jake") braking, a form of engine braking used almost exclusively on diesel engines, produces extreme amounts of noise pollution if there is no muffler on the intake manifold of the engine. Anecdotally, it sounds similar to a jackhammer, however the loudness is between 10 and 20 times the sound pressure level of a jackhammer (10 to 13 dB greater). Numerous cities, municipalities, states, including Portland and the state of Oregon have banned the use of unmuffled compression brakes, which are typically only legal in roads away from populations.

It's notable that in Australia, traffic enforcement cameras are currently being tested that automatically photograph heavy vehicles that use compression braking.

I contacted the city of Portland with my concerns regarding "Jake-brake" style truck compression noise in our neighborhood. They informed me that The Noise Office does not respond to noise cases involving traffic stops , except in rare cases when a specific enforcement mission is set up. Furthermore, they let me know that The Portland Police Bureau has had a very limited amount of enforcement for this issue in this transit corridor in the past. He added that it has been a time consuming regulation to enforce in his opinion.

One approach that was used by an officer incorporated a Lidar radar to measure the distance of the trucks from the community or residential development. This enabled the officer to build a record that they were in close proximity to homes and helped the officer meet one of the specific demands of the citation process to ensure the citations would stand. The officer also did yeoman's work by placing announcements at area truck stops informing the trucking community that they should be sensitive to community members in our area and that they might be cited for compression brake violations. At the time the officer did this, things improved for a noted period of time but, this has long passed.

My correspondence has been primarily with Paul Van Orden, Noise Control Officer / Livability Team with the City of Portland. His email is Paul.vanorden@portlandoregon.gov . Mr. Van Orden suggested I contact the state since highways 26 and 405 are within the state jurisdiction.

I asked if some signs could be installed warning truckers against the unlawful behavior and again he referred me to the state.

I can't imagine I am the only person who is suffering with this. If you too are being woken up and disturbed by this noise pollution, I could use your help to get the state to put up signs and to encourage the City of Portland to enforce the law.

When I reached out to the state I received the following response.
Your request to sign for unmuffled engine brakes on US26 in the area east of the Vista Ridge Tunnel was forwarded to Region 1 Traffic Investigations for consideration. The use of unmuffled engine brakes is covered in the Oregon Revised Statutes (ORS):

ORS 810.214 (1) The Oregon Transportation Commission shall adopt a uniform standard for posting signs prohibiting the use of unmuffled engine brakes as described in:

ORS 811.492 (1) A person commits the offense of engine braking if the person is operating a motor vehicle on a highway and uses an unmuffled engine brake. (1) The offense described in this section, engine braking, is a Class A traffic violation. (3) A person is not in violation of this section if the person uses an unmuffled engine brake in an emergency situation to avoid imminent danger to a person or property.
ORS 801.263 defines Engine brake as (1) "Engine brake" means a device that converts a power-producing diesel engine into a power-absorbing air compressor, resulting in a net energy loss. (2) "Unmuffled engine brake" means an engine brake that is not equipped with a muffler in good working order.

All trucks are now required to operate with muffled engine brakes according to current laws and regulations. Muffled engine brakes are considered a safety device and are legal, but still create a certain level of allowable noise emissions that can be unpleasant and aggravating.

ODOT has refused to install signs prohibiting the use of muffled engine brakes since they are claiming they legal safety devices, contrary to state law.

However, a regulatory sign related to the use of unmuffled engine brakes was designed and approved for state use contingent upon 4 warrants being met.

Warrant 1: The area has an established record of unmuffled engine brake noise complaints (minimum of 6 different people complaining about 4 different incidents) supported by an engineering investigation. (This is where I need your help. I need letters documenting the disturbances. I will pay to have an engineer monitor the noise level to verify that these are indeed violations)

Studies show that as a result of the federal and state noise regulations nearly all trucks have muffled engine brakes. Only unmuffled engine brakes are prohibited. Trucks can legally use muffled brakes because they are considered safety devices. So, this sign rarely makes any difference in the noise levels. If a driver uses the engine brakes and the noise exceeds the acceptable dBA it is most often not due to unmuffled engine brakes but the result of poor maintenance or improper installation of muffled engine brakes. Improper, defective or deteriorated engine brake mufflers will increase vehicle sound levels.
Therefore, to meet the warrant, the noise complaints need to be supported by documentation of the use of unmuffled engine brakes and not the use of improper, defective, or deteriorated engine brake mufflers that are exceeding the dBA. This documentation is the responsibility of the requesting party. Meaning us.

Warrant 2: Signed concurrence from the law enforcement agency in the jurisdiction that the sign falls within acknowledging an action plan to enforce the law. Once we have enough signatures I can have some leverage with the city to enforce this.

Enforcement of this prohibition is very difficult since it requires proof that unmuffled engine brakes are being used and the noise is exceeding the acceptable dBA. So, partnering with local law enforcement and completion of an action plan is not only required but essential to be successful. (I believe I can get the local authorities to agree to endorse our efforts and enforce the law regarding compression braking)

Warrant 3: Approval of State Traffic Engineer on State Highways.
All the documentation provided by the requesting party and all pertinent information gathered by the Region Traffic Office needs to be compiled and forwarded to the State Traffic Engineer for approval. ( I am willing to keep pressure on ODOT to approve and install the signs.)

Warrant 4: Jurisdictions other than ODOT may use their own criteria to determine the location of this sign.

A jurisdiction that wishes to use this sign on a local roadway at a location other than a State Highway may choose an appropriate location based on their own criteria. ( I will coordinate this with Portland Police and the city to establish placement of the signs)

If someone wishes to pursue consideration of this sign, a request needs to be sent to Region 1 Traffic usually from a city, county, or neighborhood association. The request must include the documentation of the complaints and a signed letter from the police regarding their action plan and intentions to patrol and enforce the sign. The information is reviewed to determine if all applicable standards are met and then forwarded to the State Traffic Engineer. If the request is approved, the city, county or the neighborhood is required to fund the cost of the sign and any installation costs. (I will personally pay to have the signs installed.)

This is something I have been working on for a while and continue to hit bureaucratic brick walls. With your help and signature on this petition, I will continue to pressure both the city and state.

Thank you dear neighbors.