Unhijack / "Jake" Brake / Ordinance


[Follow Ups] [Post Followup] [Dodge Power Wagon Forum]


Posted by Paul Cook in Kempner, TX on Monday, July 20, 2009 at 15:25:35 :

I realized I was hijacking Tim Holloway’s “318 heat riser question” below when I made a post clarifying “Jake” brakes.

This post was written in response to the post by Jerry in Idaho. He says, “We have an ordinance specifying the use of "engine brakes". I have translated that to my comfort by interpretation of the name "engine brake". Since my Jacobs brake works as you described, simply restricting exhaust flow, I don't regard it in the same area as the true Jake brake…”

Jerry, you may not be comfortable with the interpretation of a "newbie" cop with a very heavy badge. His jurisdiction submits a budget every year and income from fines is a specific line item. It is also a factor in his pay and job security.

We are losing many grants that helped fund the operation of our city. We also have many new requirements imposed on us by higher levels of government. They are "unfunded mandates" that we have to find money to support.

Our small city (pop 1100) incorporated 11 years ago to prevent our rural community from being gobbled up by a near-by big city. We all see many cases of corruption and greed in our nightly news. In almost every case the bad guys are taking our tax dollars. Because we were new, I wanted to be sure no one with a hidden agenda was on our City Council. I ran for and was voted in to a place on the Council. The Council receives no pay. The City is subject to two layers of audit which are public record. We also encourage and receive close scrutiny by three different local news publications. The most important thing in keeping us on the right track is that we have citizens of our City in attendance at our Council meetings. Everyone may request clarification of pending City business or provide input.

We are subject to the Texas Open Meetings Act which prohibits the Mayor or the Council from coming together to discuss anything related to, or possibly relating to, City business if there is a quorum present. This is meant to prevent a vote being negotiated in the so called “smoke filled rooms” where most improper governmental decisions seem to have occurred. We have scrupulously followed this Act, to the point of taking a count when we attend local events and even when attending church services.

Sadly, things have come to the point that each of us is either part of the problem or part of the solution. Attending meetings of the local government is an important step towards being part of the solution. When local citizens stop watching their local governments, they may become part of the problem. Not watching creates the possibility for corruption or “special” deals. Ordinances can be written which favor some and give a free ride to others. It also tempts the folks in charge to encourage selective enforcement of existing laws.

I have helped write some of our ordinances. Sometimes it is nothing more that being sure a word is included that precludes personal interpretation by a police officer. “Compression” brakes are prohibited. “Exhaust” brakes are not. That is a rule by the ordinance, not the police officer.

I have also written more lengthy and involved ordinances. We have many vehicle collectors in our area. Other cities have skipped over provisions in the Texas Transportation Code that acknowledge these collectors. Our city’s “old car” ordinance incorporates these allowances. We are Power Wagon friendly. We are Model A Ford friendly. We are “Hot Rod” friendly. And we are race car friendly.

There have been many threads on this and other Forums telling sad stories about local regulations. Get all the folks who are affected together. Figure out what you want. Take it before the Council - not in the “three minutes for whining” - but as an Agenda item where you ask that wordings be clarified and out of date rules be eliminated. You do not have to be on the Council. It’s likely there is someone on that Council who agrees with your point of view, and will support you.

I have worked to make it okay for you to bring your Power Wagon to Kempner. What have you done to make it okay for me to come to your town?




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