Forum Discussion
msmith1199
Aug 13, 2015Explorer II
rgatijnet1 wrote:msmith1199 wrote:
Let me rephrase my original objection rgatijnet1, as technically what Lt. Frost wrote to you is correct, but your interpretation of it is not correct. And he was not correct in giving you the info the way he did.
You say he wrote: "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."
So whether Florida is considering drive away-tow away as commercial or not really doesn't matter and the same rules apply to motorhomes. So what Lt. Frost told you is per 316.261 it is not mandatory that ALL towed motorhome vehicles have brakes. And in fact that is a true statement and it is even true of California law. But what Lt. Frost should have continued with is. "...if they can meet the braking performance requirements of section 316.262."
You interpreted what Lt. Frost told you to mean that brakes are not ever required on vehicles towed behind a motorhome and that was what my objection was. He explained it poorly and because of that you interpreted it incorrectly.
Then I have to say that all of the states I contacted, also interpreted it incorrectly. Lt. Frost did say that a Class A motor home was EXEMPT from 316.262. He did not say that I had to meet the requirements of 316.262.
Let me ask you this, based on your statement about the law being unenforceable because NO ONE is going to make you slam on the brakes, etc. Is an unenforceable law really a law?
And see, this is an example of why you are misunderstanding this. What I said was, "This is a near impossible law to enforce as the Highway Patrol is not going to make you drive down the road and slam on your brakes and measure the stopping distance." You went from "near impossible" to "Unenforceable" and that is not at all what I said. It is in fact enforceable, but it is very difficult to enforce. But you get into a fatal accident and I can assure you they'll be checking your brakes.
And now you have added that Lt. Frost said 316.262 doesn't apply to Motorhomes even though he told you motorhomes were exempt under the drive away- tow away exemption and the statute clearly states that drive away-tow away operations have to comply with 316.262. Can you please post the exact language that he used to tell you the law didn't apply?
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