DELAWARE STATE SENATE

149th GENERAL ASSEMBLY

SENATE BILL NO. 149

AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO MOTOR VEHICLES, OPERATIONS AND EQUIPMENT, RULES OF THE ROAD, MISCELLANEOUS RULES.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Amend Subchapter XI of Chapter 41 of Title 21 of the Delaware Code as shown by underline as follows:

§ 4192 Coal Rolling is prohibited.

(a) Except as provided in subsection (b) of this section, no person shall retrofit any diesel-powered vehicle with any device, smoke stack, or other equipment that enhances the vehicle's capacity to emit soot, smoke, or other particulate emissions, or shall not purposely release clearly visible quantities of soot, smoke, or other particulate emissions into the air and onto roadways and other vehicles while operating the vehicle, colloquially referred to as "coal rolling.”

(b) This section does not apply to a person operating:

(1) A diesel-powered vehicle that discharges visible exhaust as the result of normal acceleration or towing;

(2) A construction vehicle operating at a construction site.

(c) Any person who violates the prohibition in paragraph (a) shall be subject to a penalty of not more than $500.00 per violation.

SYNOPSIS

This legislation creates a fine for “Coal Rolling”, a practice that is often undetectable at the time of vehicle inspection due to the ability of an operator to change functions and increase emissions after passing inspection.

Coal Rolling is the practice of modifying a diesel engine to increase the amount of fuel entering the engine in order to emit large amounts of black or grey sooty exhaust fumes into the air. It also may include the intentional removal of the particulate filter. Practitioners often additionally modify their vehicles by installing smoke switches and smoke stacks. In addition to the environmental concern of increased emissions, there is a safety component as the excessive emissions can impair a motorist’s visibility.

Author: Lavelle, Gregory F. (SR)