Legislative requirement or not, the pure physics of the situation is that an unbraked toad will increase your EMERGENCY stopping distance in proportion to the ratio of toad weight to the total of MoHo and toad.
IE an 3000# toad will add 10% to the stopping distance of a 27K# MoHo.
You may still be within required stopping distances for the combination without toad brakes BUT will your conscience be comfortable with the front of the MoHo in the trunk of the car ahead - a situation that may have been avoided with toad brakes.
Then of course there is the breakaway situation.................
