Council taking second look at 'jake brakes'

McCOOK, Neb. — The McCook City Council got an earful Monday night concerning a potential ordinance against engine brakes, also known as jake brakes, used by some semi-truck drivers.

The council heard from residents on the golf course who are requesting an ordinance, two city residents who have businesses on U.S. Highway 83 and one local citizen who drives a truck and asked for “a more positive approach.” After their presentations, the City Council asked city staff to bring back an ordinance that would prohibit the use of engine brakes inside city limits.

Kristi Clapp read from a prepared statement on behalf of residents who live on the golf course and also handed out a petition signed by 54 residents. The loud noise from engine breaks along U.S. Highway 6-34 are a regular occurrence at all hours, day and night and can be heard through the walls in their homes, she said. Another golf course resident, Rick Johnson, said signs prohibiting the use of the brakes are in towns large and small throughout the state and wondered why McCook didn’t have one. Even if the ordinance couldn’t be enforced regularly, the signs are generally respected by most truck drivers, he said. The brakes were designed to be used on steep inclines, such as in the mountains but in places like McCook are used as a convenience. “It’s a choice, not something they have to do,” he said.

Dann Watson works at a business on U.S. Highway 83 and said he cannot open his windows due to the loud noises coming from trucks using engine brakes along the highway. He cited that customers in his office from more urban areas like Atlanta, Ga., and Chicago, Ill., are always astounded at the noise when they first hear it. He’s in favor of signs prohibiting the use of the brakes as a resident and also as a business owner.

Another business owner, Gary Parks, owns a hearing aid center on West B and told the council he used a decibel reader at his location on Monday, to gauge the loudness of the brakes. Without using the engine brakes, trucks were measured at 97.5, Parks said, with anything past 95 usually painful for most people. Engine brakes have been measured at 110 decibels, he said. “Anything 85 or over impairs your hearing if you listen to it long enough,” he said. Parks said he understands that there will be some noise that comes with having a location on the highway but that noise from engine brakes was above and beyond what is acceptable. If you were to ask business owners along U.S. Highway 83 and U.S. 6-34, most would call it a nuisance, he said.

Parks also said he contacted a police officer in Oberlin, Kan., to find out how they enforce the ban on engine brakes. Parks said the officer told him that a warning is given the first time and the second time, a ticket is given. “It’s just that simple,” he said.

Brad Cain, who lives on the golf course, also addressed the council and said the speed limit in McCook is slow enough for truck drivers to use their regular brakes. “As a taxpayer and resident, I don’t expect my windows rattling,” from the noise, he said. Just like everyone else, he expects some noise living close to the highway “but not like that.”

The last to speak was McCook citizen Dale Dueland, who said he’s driven a semi-truck with engine brakes for over 20 years and noted there are loud noises in the city from other sources. “There’s a lot of testosterone-fueled noise” coming from pick-up trucks and motorcycles without mufflers, he said. Dueland said when he drives his truck, he doesn’t come into the city fast and that reduces the noise. The majority of truckers do the same thing and use their brakes sparingly, he said, adding that there’s always a few irresponsible truckers, just like irresponsible motorcycle drivers. A more positive approach he would like to see would be a speed reduction radar sign, such as the one used at the entrance of Indianola, Neb.

Loud noises are part of life, he continued, citing those coming from the railroad, the go-cart track on Q Street, even at Weiland Field during game nights. He asked the council to look at the issue from a more positive angle “without a lot of negative signs we can’t enforce.”

Although they disagree in purpose, Rick Johnson came back to speak with Dueland to the council. Both graduated from McCook High School together and are long-time friends, Dueland said. Johnson reiterated his stance for a sign prohibiting engine brakes, saying that even if a slight reduction occurs, it would make a difference. Dueland is a good trucker but they’re not all that way, he said. Dueland countered that a simple sign would not deter people who abuse engine brakes and said he would continue to use the brakes as they work fast and “too many people pull out in front of me.” He again asked about loud noises coming from other sources, such as pickups and motorcycles.

City Manager Nate Schneider said there is a noise ordinance on the books; however, City Attorney Nate Mustion said for the eight years he’s served as city attorney, he has yet to enforce it.

Councilman Gene Weedin said it was time for the council to vote on the issue and asked city staff to bring it back as an action item. Schneider said he could use an ordinance that was brought to the council two years ago about prohibiting engine brakes. It was fashioned after a similar one used in Kearney, Neb., he said and allowed law enforcement to use their discretion in enforcing it, such as when trucks have to make unavoidable stops due to a vehicle pulling out in front of them. Schneider said the ordinance could be brought to the council in August.

This is the second time the McCook City Council will vote on prohibiting engine brakes inside city limits. In 2019, an ordinance to ban the use of engine brakes was defeated by 3 to 2.