For Those Who Tow: Do You Using a Braking System?

A few years ago I spent many hours researching this topic, including reading the applicable statutes in each and every state for which they were available online (then all but a few). The result proved conclusively that the statutes that apply to towing motor vehicles are not the same as for trailers and that a towed motor vehicle is NOT a trailer per the statutory definitions. I also made some personal contacts with law enforcement officers and found that many of them did not know or understand the law.

By all means be in compliance with the applicable laws, and beyond that with whatever solution in excess of legal requirements that makes sense to you personally. Do not however be mislead by misinformed opinions stating that requirements written for trailers apply to towed motor vehicles.

John,

Let us know what you find. There are many posts on state requirements and lots of opinions. Even what ever answer you get from CA CHP that also is not to be completely trusted.

Legal requirements and interpretations can vary even within a state.

hwybnb wrote:
Your understanding is incorrect. There is no absolute weight criterion in California. There is a performance requirement that states the combined vehicles must be capable of stopping within 50 feet from 20 mph.

There is more misinformation about this topic tan any other RV-related topic I know of. Many of the tables of requirements that you see posted, including the one in the post above, are written for vehicles towing trailers and are not applicable to motorhomes towing cars..

Where are you getting this information? The law is clear that any trailer over 1,500 lbs requires a braking system.

The question as I see it is one of whether a motor vehicle is also considered a trailer when it is being towed. I looked up the applicable CA Vehicle Code and here is what I came up with:

Trailer (CVC §630)

A trailer is a vehicle designed for carrying persons or property on its own structure and for being drawn by a motor vehicle, and so constructed that no part of its weight rests on any other vehicle.

Now, by my reading, a trailer consists of any vehicle that is designed to carry people/property and for being drawn by a motor vehicle. What is open to question is whether a vehicle being towed is designed "for being drawn by a motor vehicle." I'm curious as to how this passage is interpreted by CHP and the courts.

To answer that, I contacted the CHP. The first officer I spoke with didn't have an answer so he directed me to the Motor Carrier Division. The officer I spoke with there stated that any trailer over 1,500 lbs required a braking system (we know this), however when I asked if a vehicle was considered a trailer, he didn't know. He promised to call back after looking it up. No call thus far.

I'd like to see some specific authority on this before I trust random forum information. It's proving to be an interesting question.

John

Brake systems are useful and in my opinion necessary. If my toad gets loose from the MH the brake system will stop it before it becomes a missile. I use a Brake Buddy. I find it very easy to connect and disconnect. I do have their new brake pedal connection system though. The original connection system was a PITA.

I have never been stopped by anyone interested in my braking system. California or elsewhere.

I have never been stopped and checked for a braking system and I have traveled in California.

On the other hand, I would sure hate to be involved in an accident when I didn't have a working braking system, not that I want to be in an accident with a braking system.

Being passed by your own car wouldn't be very good either.

Keep in mind when reading warnings about potential liability or LEO action that in California and in most other states there is no weight-based requirement for an auxiliary braking system on a towed motor vehicle. If you meet the statutory requirements there is no basis for a legal finding of liability or of being cited.

Back in the archives is a post of someone commenting to his DW that the car passing him was just like his. It was his toad! :( He was fortunate that it hit a tree and no one was injured.

Part of any toad braking system should be breakaway protection.

I have a ReadyBrake and like it. I previous had a Buddy Brake, and although it worked I found it cumbersome to put on and off. I have never been stopped by CHP or any officer and have never been checked for a brake system. HOWEVER, should you get into an accident, your fault or not, it is conceivable that the other party will try to put you at fault for not having the braking system. Example, they made a left turn in front of you as the light changed and you should have been able to stop for your light which was changing to red. Normally you could claim right of way, may now not so much. Just saying.
I am one of the unbelievable stories, as my toad did break away, luckily on a back highway road, at a slow speed, not far from home. There was no other party involved as the toad just pulled away and slide into the curb when the mounting bracket failed. I did not have the buddy brake attached as it was a hassle for the short trip. Like I said at first, I now have the ReadyBrake and I don't move unless it is attached. Two wire hookup and off we go.
Happy Trails.

Johnny Dearborn wrote:
Here in California, if you're towing a vehicle of more than 2,000 lbs (which is just about anything), it's my understanding that you're required to use a braking system. I wonder if they're actually useful or necessary.

If you've traveled in CA with your toad, has the friendly highway patrol ever stopped you to see if you've got your braking system (which I'm sure you had).

John

Of course they are useful since it might help to prevent an accident. And they are "necessary" because it you are ever in a serious accident the LEOs and legal system will be all over your as* if you've not legal.

I certainly hope that LEOs have something better to do than stop RVs to check for toad brakes. In over 30 years with CA and other state plates I've never been stopped for any reason.

With safety and liability considerations what other choice would a responsible person make?

Your understanding is incorrect. There is no absolute weight criterion in California. There is a performance requirement that states the combined vehicles must be capable of stopping within 50 feet from 20 mph.

There is more misinformation about this topic tan any other RV-related topic I know of. Many of the tables of requirements that you see posted, including the one in the post above, are written for vehicles towing trailers and are not applicable to motorhomes towing cars..