In this section, “engine brake” means an add–on engine compression brake for diesel engines. A person may not operate a commercial motor vehicle equipped with an engine brake unless the engine brake is connected to a properly functioning exhaust muffler system in constant operation when the vehicle’s ignition is engaged. A person may not disable the exhaust muffler system of a commercial motor vehicle that is equipped with an engine brake except to make a bona fide repair or replacement. A person convicted of a violation of this section is subject to: For a first offense, a fine of not less than $250 and not exceeding $1,000; and For a second or subsequent offense, a fine of not less than $500 and not exceeding $1,000.