TOAD Braking System Question...

Montana law makes it simple. MCA 61-1-101 (82)(a) states:
" "Trailer" means a vehicle, with or without motive power, other than a pole trailer, designed for carrying property and for being drawn by a motor vehicle and constructed so that no part of its weight rests upon the towing vehicle."
Note that a "trailer" is:
1. Designed for carrying property. An automobile is designed to carry people.
and
2. Designed for being drawn by a motor vehicle. An automobile is not designed to be drawn by a motor vehicle, it must be modified for the use.
Therefore, it would appear that trailer towing laws do not apply to automobiles.
However, the braking performance rules in MCA 61-9-312(4) apply to ALL combinations of vehicles.

Mowermech,
As you know, all FMVSS pertains to commercial vehicles. It is just the wording that other states utilize. When I sent an email to the Florida DMV I explained that I tow an AUTOMOBILE behind my motor home, with a tow bar, and asked about the law. His reply was:
A vehicle towed behind a motor home would be exempt from the braking requirements in Florida statute 316.261 as a drive away, tow away operation. Please contact me if you have any other questions.

Lt. Jeff Frost
Florida Highway Patrol
Public Affairs Officer
Commercial Vehicle Enforcement
2900 Apalachee Parkway, MS 45
850-617-2279
Tallahassee, Florida 32399

As you can see, the wording is taken from the FMVSS but it is given a Florida statute number as it pertains to a private vehicle. I then sent a similar email to many other states, explaining exactly what I was towing. Not one state said that I needed an auxiliary brake. Some, like Connecticut, basically just said that they concurred with the Florida law and other States sent a more detailed explanation about safety chains/cables still being required, as well as rear tail and brake lights.

rgatijnet1 wrote:
As mowermech says, the states that have laws pattern them after FMVSS and the ones that do not have specific laws use the FMVSS.
FMVSS has separate specific braking standards for TRAILERS and for vehicles in tow.

The FMVSS does include statues which dictate which items in tow must have brakes, and which ones are excluded. FMVSS states: 393.42 Every CMV must be equipped with brakes acting on all wheels, with the following exceptions:
Vehicles being towed in a driveaway-towaway operation.

To define that: The Federal definition of driveaway-towaway, according to 49 CFR 390.5 Title 49-Transportation; General Applicability and Definitions, driveaway-towaway operation means an operation in which an empty or unladen motor vehicle with one or more sets of wheels on the surface of the road way, is being transported by means of a saddle-mount or tow bar.

This is why there is NO federal standard for the various auxiliary braking systems sold for vehicles in tow. Since they are not required in any State, they are not regulated by any Federal standard. The manufacturers set their own standards.
Those of you that have ever had a vehicle or their motor home towed probably noticed that the tow truck driver did not use a BrakeBuddy or similar braking system to tow that vehicle.
I still use one with my toad but I understand that the performance of that brake is only a guess on the manufacturers point as to how it will work on my vehicle.

Actually, North Carolina does have a law which seems to require a braking system on a towed vehicle; a braking system that can be controlled by the driver of the towing vehicle. See North Carolina General Statute 20-124 subsection (f), which references subsection (e), which is a braking performance statute. Subsection (f) seems to require a braking system on a vehicle in tow, IF said vehicle has a GVW of 2 tons or more.
Of course, your interpretation may vary.

It is worthy of note that FMVSS 393.42 seems to only apply to CMVs (Commercial Motor Vehicles)

rgatijnet1 wrote:
As mowermech says, the states that have laws pattern them after FMVSS and the ones that do not have specific laws use the FMVSS.
FMVSS has separate specific braking standards for TRAILERS and for vehicles in tow.

The FMVSS does include statues which dictate which items in tow must have brakes, and which ones are excluded. FMVSS states: 393.42 Every CMV must be equipped with brakes acting on all wheels, with the following exceptions:
Vehicles being towed in a driveaway-towaway operation.

To define that: The Federal definition of driveaway-towaway, according to 49 CFR 390.5 Title 49-Transportation; General Applicability and Definitions, driveaway-towaway operation means an operation in which an empty or unladen motor vehicle with one or more sets of wheels on the surface of the road way, is being transported by means of a saddle-mount or tow bar.

This is why there is NO federal standard for the various auxiliary braking systems sold for vehicles in tow. Since they are not required in any State, they are not regulated by any Federal standard. The manufacturers set their own standards.
Those of you that have ever had a vehicle or their motor home towed probably noticed that the tow truck driver did not use a BrakeBuddy or similar braking system to tow that vehicle.
I still use one with my toad but I understand that the performance of that brake is only a guess on the manufacturers point as to how it will work on my vehicle.

This is probably the best summarization I have read on this forum. Well said.

For the Solman (the OP), there several different braking systems available and finding an installer with extensive experience with one brand may be difficult. The adjustment isn't an exact point as the potential installer stated and will take a bit of trial and error to find the point you are comfortable with. Installation is pretty simple but I don't know if your individual skills are up to the task or not. Either system the installer mentioned will suit you needs and the end result will be the same but my recommendation is the Ready Brake. If you set on a Blue Ox tow bar Ready Brake sells just the surge brake side of the tow bar.

The various towing laws across North America can be interpreted in may different ways. One can argue that their state DVM identifies a car as a car and a trailer as a trailer per the registration and each has specific laws regarding use. Another way to look at this is when was the last time a wrecker towing disabled vehicle connect any type of supplemental brake? Didn't happen when I had my gas coach towed. A U-Haul dolly doesn't have brakes either but you can rent one just about anywhere.

Anyway, regardless of it such system is required or not I like the idea of being able to add several thousand pounds of weight to my coach and not increase the stopping distance of the set up. I have a Ready Brake tow bar with the surge braking and a break away. No adjustments, power, air or other such requirement to operate. I connect up and head out.

mowermech wrote:
" I really would like the lack of regulation to be uniform and included in the Federal highway safety laws,"

Braking performance standards are included in FMVSS. In fact, those states which have such performance standards codified often take their law directly from FMVSS! In the case of Wyoming, if the FMVSS standards are different from the state law, FMVSS takes priority, and the Superintendent will change the law to comply with FMVSS! See Wyoming Statute 31-5-950 (c) and (d).

Thank you for that information.

As mowermech says, the states that have laws pattern them after FMVSS and the ones that do not have specific laws use the FMVSS.
FMVSS has separate specific braking standards for TRAILERS and for vehicles in tow.

The FMVSS does include statues which dictate which items in tow must have brakes, and which ones are excluded. FMVSS states: 393.42 Every CMV must be equipped with brakes acting on all wheels, with the following exceptions:
Vehicles being towed in a driveaway-towaway operation.

To define that: The Federal definition of driveaway-towaway, according to 49 CFR 390.5 Title 49-Transportation; General Applicability and Definitions, driveaway-towaway operation means an operation in which an empty or unladen motor vehicle with one or more sets of wheels on the surface of the road way, is being transported by means of a saddle-mount or tow bar.

This is why there is NO federal standard for the various auxiliary braking systems sold for vehicles in tow. Since they are not required in any State, they are not regulated by any Federal standard. The manufacturers set their own standards.
Those of you that have ever had a vehicle or their motor home towed probably noticed that the tow truck driver did not use a BrakeBuddy or similar braking system to tow that vehicle.
I still use one with my toad but I understand that the performance of that brake is only a guess on the manufacturers point as to how it will work on my vehicle.

robatthelake wrote:
Do whatever You want re a braking system. FYI Not One of the units available have any sort of approval of use by any Government agency ,Insurance Company or any other governing body .

Of course neither do the. tow Bars and Base Plates that We All Use .

Legally speaking You might just as well be Towing using a piece of Rope!

Well We All know that that wasn't a very safe way of towing but ask Yourself How can there be regulations when there are no Performance Standards or Safety Guidlines ?

We All want Our Rigs as safe as possible so Do whatever You can to make sure that Yours is!

Regulations or Not We All need to take every precaution that We can to never Harm Ourselves or Others!

BINGO!!! But if I posted this sort of info some Mod or whomever removes it from the BB

" I really would like the lack of regulation to be uniform and included in the Federal highway safety laws,"

Braking performance standards are included in FMVSS. In fact, those states which have such performance standards codified often take their law directly from FMVSS! In the case of Wyoming, if the FMVSS standards are different from the state law, FMVSS takes priority, and the Superintendent will change the law to comply with FMVSS! See Wyoming Statute 31-5-950 (c) and (d).

I LOVE MY ReadyBrute Elite Tow bar with built in Surge brake!!!