Toad Brake laws

wa8yxm wrote:
Two comments:
In the past (some have been fixed) I've viewed several of the "Do you need brakes on your towed" web sites and found errors.. For example for many years many sites said "MICHIGAN: NO" this is because there is no specific rule about brakes on a car in tow.

HOWEVER the definition of a "Trailer" fits a car in tow like a surgical glove, In fact a true trailer does not fit as well as a car in tow believe it or not, And trailers (over xxxx pounds) do need brakes.

The above is traffic law, which may be Criminal or civil depending on the state.


Page two: Civil (Liability) Law.

It has been shown that a proper aux braking system can reduce your skid distance by as much as 30 percent (Source US Gear). Even if it's only 10 percent (Much more likely) here are some figures

20 mph on clear dry "Reference" pavement you skid 22 feet
40 Mph it's 44 feet
60 MPH (Common for RV's on Freeway) 191 feet.. yes 191 feet.

So let's add 10 percent.. that 191 is now about 210,,,

You panic stop.. no aux brakes, wind up 3 feet in front of the rear bumper of the car you hit... (Aux brakes would have stopped you 17 feet behind the car)

RECKLESS DRIVING.

A trucker in Ohio, many years ago, tried time and time again to pass a poke-alongus, there was never any contact between vehicles, never any danger to the Honeralble Mr. Pokey attorney at law.. He sued, got half a million dollars b ecause he "Felt Threatened" How much more so when you hit the guy.

A smart lawyer gonna make you WISH you had brakes on that towed.

Here is the Michigan law defining trailer:

"257.73 “Trailer” defined.

"Trailer" means every vehicle with or without motive power, other than a pole-trailer, designed for carrying property or persons and for being drawn by a motor vehicle and so constructed that no part of its weight rests upon the towing vehicle. Trailer does not include any implement of husbandry."

And although upon first glance you may think it would include a towed motor vehicle, all elements of the statute must be present. Note the part that says, "designed for carrying property or person AND for being drawn by a motor vehicle." I put the word AND in caps because for some to be a trailer the statute says it must be designed to be towed. That excludes cars as they are not designed to be towed. This statute is defining a trailer not a car.

Ready stop sells a great break away set up for $65.00. It uses a simple cable that mounts to your brake pedal. The cable runs through a tensioner (simular to the Chinese finger cuffs) then to the towing vehicle. If a break away occurs this unit activates by pulling the brake pedal to the floor and locks it there. Simple to install and hook up.

wa8yxm wrote:


A smart lawyer gonna make you WISH you had brakes on that towed.

Any lawyer that would go after someone for doing something not required by any law would probably sue you for just being on the road in the fist place.
I guess you could use the same logic and only drive a POS RV because a nice one will give the impression that you have deep pockets, a lawyer's favorite target.

Two comments:
In the past (some have been fixed) I've viewed several of the "Do you need brakes on your towed" web sites and found errors.. For example for many years many sites said "MICHIGAN: NO" this is because there is no specific rule about brakes on a car in tow.

HOWEVER the definition of a "Trailer" fits a car in tow like a surgical glove, In fact a true trailer does not fit as well as a car in tow believe it or not, And trailers (over xxxx pounds) do need brakes.

The above is traffic law, which may be Criminal or civil depending on the state.


Page two: Civil (Liability) Law.

It has been shown that a proper aux braking system can reduce your skid distance by as much as 30 percent (Source US Gear). Even if it's only 10 percent (Much more likely) here are some figures

20 mph on clear dry "Reference" pavement you skid 22 feet
40 Mph it's 44 feet
60 MPH (Common for RV's on Freeway) 191 feet.. yes 191 feet.

So let's add 10 percent.. that 191 is now about 210,,,

You panic stop.. no aux brakes, wind up 3 feet in front of the rear bumper of the car you hit... (Aux brakes would have stopped you 17 feet behind the car)

RECKLESS DRIVING.

A trucker in Ohio, many years ago, tried time and time again to pass a poke-alongus, there was never any contact between vehicles, never any danger to the Honeralble Mr. Pokey attorney at law.. He sued, got half a million dollars b ecause he "Felt Threatened" How much more so when you hit the guy.

A smart lawyer gonna make you WISH you had brakes on that towed.

I have to agree with most posters here that the majority of the "information" not surprisingly comes from manufacturers selling tow brakes. The NSA map below - as an example - shows that to be 3k lb in MD. Now I live in MD and there is no law requiring brakes towing a car, what we do have is laws for trailers. But a car is not a trailer as defined in the MD law. So it's not only misleading, it's wrong with respect to towing a car. (Mine is an NSA by the way and a very good product) Also as others stated, very few local LEO's are going to know the towing law and be able to properly cite you for it. As far as the doom and gloom crowd that claim you will be sued for everything you and your future generations own if you are in an accident without a braking system, it's a lot of conjecture and I can't say I've ever seen any evidence to support a decision in a case based on the lack of a tow braking system. I've asked several times from those that claim this and to date, nothing. Not saying it doesn't happen, but at least not as a default judgment as some might scare you into believing. All that said, I wouldn't tow another vehicle without a braking system. I mean, why not? For the small cost (compared to the car or your MH) and time it takes to hook it up, it's a no brainer. They help a good bit with slowing the vehicle down and it's just plain safer to have it. If something is worth doing (like towing a car) then it's worth doing it right.

Get a supplemental braking system for all of those around you safety!!! SMI makes a very good system, everyone has their favorite. There are lots of arguments for and against so get ready.

Most states have a Braking Performance Law. Federal Motor Vehicle Safety Standards have a braking performance law. Usually, the requirements are identical. Sometimes the state will allow 5 feet farther stopping distance.
I have been researching this issue for over 15 years, and I have found ONE state that specifically addresses braking on a towed vehicle. That is North Carolina (GS 20-124).
Here in Montana the Braking Performance Law is MCA 61-9-312. There is no other legal requirement for brakes on a towed vehicle, including breakaway brakes.
In Colorado, a quick google search reveals 8 CCR 1507-18. However, it appears that this law only applies to trailers with surge brakes. Colorado also has a law which defines exactly what a "trailer" is. I did not look at that definition.
For those who are concerned about "emergency situations", where a dog or kid or vehicle dashes in front of you, keep in mind that at 60 MPH you will travel nearly 200 feet before your foot hits the brake pedal! Brakes on the towed vehicle or not, it is unlikely that you will be able to stop in time to avoid an accident. Good situational awareness is definitely required!

WILDEBILL308 wrote:
One thing to think about. If you have an axident, your falt their falt nobodeys falt and you don't have suplamental braking. I wonder who is going to be sued.
Bill

If you are worried about being sued, you might consider buying insurance - you never know how a jury might act, whether you are right or wrong you can end up with a judgement against you.

even if not required consider the braking capability of the MH. I had a 1994 34' Bounder and the brakes seemed borderline without a toad, I would have never considered not having brakes on the toad

One thing is certain, any website that SELLS braking systems will post the requirements for TRAILERS, which is not the same as a "vehicle in tow". The map above shows that a braking system is required in Florida when it is not required for a VEHICLE towed behind a motor home. As Executive mentioned, most states require that you must be able to stop within a certain distance but I found no state that specifically required a braking system for a toad.
As far as being sued if you don't have a braking system and get in to an accident, the sky is not falling.
I have a braking system for my toad and use it but if it breaks, I am going to continue on to my trip, no matter where I am, with the piece of mind that I am not breaking any laws no matter what state I am in.