Forum Discussion
mowermech
Jul 31, 2014Explorer
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)
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