Rules of the Road for Drivers

ORS 811.492
Engine braking

  • penalty
  • exception


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.


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


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]
Chapter 811

See also annotations under ORS chapter 483 in permanent edition.

Notes of Decisions

Under Former Similar Statute

A party in violation of a motor vehicle statute is negligent as a matter of law unless he introduces evidence from which the trier of fact could find that he was acting as a reasonably prudent person under the circumstances. Barnum v. Williams, 264 Or 71, 504 P2d 122 (1972)

Law Review Citations

Under Former Similar Statute

10 WLJ 207 (1974)


Last accessed
Jun. 26, 2021