Bessemer, AL Noise Ordinances: Vehicle Noise (2026)

Bessemer Code of Ordinances Sec. 106-103, added by Ord. No. 3591 on September 17, 2019, makes it unlawful for the operator of a motor vehicle to engage, operate or use an engine compression release brake, defined as any device using air compression or rapid release of compressed air in diesel cylinders to slow or retard vehicle speed, without a properly functioning noise baffling device while operating on any public roadway in the city. A noise baffling device is defined as a muffler or exhaust silencer that reduces the brake noise to levels meeting the federal Noise Control Act and EPA vehicle noise standards and complies with Code of Ala.

1975 Sec. 32-5-216. The ordinance carries two built-in defenses: it is a complete defense if the operator proves the vehicle was equipped with a properly functioning noise baffling device, established through personal-observation testimony from an officer or other competent witness, and it is a complete defense if the vehicle was involved in an emergency not caused by the operator, where the operator reasonably believed using the brake was necessary to avoid a collision. Public safety vehicles operated by the Bessemer Fire Department, the Bessemer Police Department, or any authorized emergency vehicle are exempt outright under subsection (c).

The director of public improvements is authorized to post traffic control devices, identified by the chief of police, stating "Engine Compression Release Brake Noise Enforced" in the locations where the rule applies. The provision sits in Article III, Division 1 of the traffic and vehicles chapter, immediately after the general stopping-and-parking rules, and applies citywide on public roadways rather than to a single designated corridor.