1. The driver of a vehicle which is equipped with a device for braking that uses the compression of the engine of the vehicle shall not use the device at any time unless:
(a) The device is equipped with an operational muffler; or
(b) The driver reasonably believes that an emergency requires the use of the device to protect the physical safety of a person or others from an immediate threat of physical injury or to protect against an immediate threat of damage to property.
2. A person who violates the provisions of this section is guilty of a civil infraction punishable pursuant to NRS 484A.703 to 484A.705, inclusive.