No Jake Break Signs Against Copy-write Trademark

“We are writing with the regard to use of signs prohibiting the use of Jake Brake in your jurisdiction.  The purpose of these signs as we understand it is to prevent the use of truck engine brakes in an effort to reduce noise.

Our purpose in writing is to aid in your understanding of heavy truck braking noise and the fair treatment of the Jake Brake retarder trademark.”

This is part of the letter that was received by the safety committee after talks of ending loud engine noise within city limits that is often referred to as “Jake Breaking.”  Apparantly Jacob Vehicle Systems Inc. finds the use of its trademark and brand name Jake Breaking to apply to all engine noise to be incorrect and infringing on its copy-write.

According to the letter, “The primary source of excessive noise produced by engine retarders is due to the trucks operating with improperly maintained, defective, or modified muffler systems.  Jake Brake is a brand name of truck engine brakes and refers only to truck engine brakes manufactured by Jacobs Vehicle Systems, Inc. Jake Brake is a registered trademark of Jacobs Vehicle System.”

Talks in reducing engine noise started in June of this year.  Several downtown business owners were present with complaints on the sound and the speed of Truck Drivers.  “Truck Drivers make it so loud downtown you cannot have dining on West Main Street that people could enjoy.  Plus I feel the trucks are going way to fast in the downtown district we have almost got hit several times crossing the road.  We are working on renovations on downtown to make it a better destination for shopping and tourism, with the downtown project we would like to see a truck route eventually, so we don’t have the noise downtown as much, said downtown business owners.

During the Safety Meeting, last night September 25, 2018, Circleville Police Chief Baer said, “We have patrolled the downtown, but he did not have any numbers to share in last nights meeting on how many trucks were pulled over for excessive noise violations.”

According to the Existing ordinance 331.36 “No person shall unnecessarily race the motor of any vehicle and no person shall operate any motor vehicle, except in a emergency, in such a manner that the vehicle is so rapidly accelerated or decelerated, or in the shifting of gears, from a moving or stopped position, that the exhaust system emits a loud cracking or chattering noise unusual to its normal operation or whereby the tires of such vehicle sequel or leave tire marks on the roadway, commonly called “squealing tires or peeling.”

During the talks in June Firefighters mentioned that using engine retarder on firetrucks was a safer way to operate the heavy equipment and it cut down on maintenance to the trucks.  Circleville fire also said that they were exempt from this ordinance because they are operating in an emergency.  It was argued that returning to the station was not operating in an emergency, and Circleville fire said they would try to limit the engine breaking after 10 pm.

 

Talks during last nights meeting September 25 the safety committee is considering adding an exemption for fire and emergency trucks on the ordinance.  Terry Frazier added that “Air retarders are not being used on new equipment and are being phased out so engine retarders will eventually come to an end, with new technology.”

According to www.ccjdigital.com “Jacobs says it is developing and testing another technology, Active Decompression, to aid in start-stop applications. The system is designed to reduce engine — and, thus — truck vibrations associated with start-stop functionality. Start-stop capabilities is a growing trend in the industry. The systems cut engines off and on in high-idle situations such as congestion. Jacobs’ system intends to make start-stop more comfortable for drivers.”