Forum Discussion

23hotrodr's avatar
23hotrodr
Explorer
Mar 17, 2016

Break away device legal requirements?

What are the legal requirements for a break away device on a dinghy?

If it is required in some states, where can I find this info and what states require such a device?

Thanks-- Mick

18 Replies

  • Title 49 (49cfr571) of the FMVSS defines trailers as: Trailer means a motor vehicle with or without motive power, designed for carrying persons or property and for being drawn by another motor vehicle.

    That to me, means anything you tow is a "trailer"
    I believe any attorney would say the same. It is not worth risking another life, or your lifestyle to save a few bucks. Buy a used system if you must, IMO.
  • mowermech wrote:
    State Law does not define a towed motor vehicle as a TRAILER!

    Wouldn't take much for an officer to say the vehicle was being towed and thus a trailer, and write a ticket. There is always the law and then common sense, I wouldn't care to have my vehicle break away without something to cause it to stop. You bring up a good point of view its up to the OP to decide now.
  • Y-Guy wrote:
    Keeping in mind that most any site that is selling something like trailer braking equipment is posting it to encourage you to buy something. However, this one does show the weights by state for brakes and which ones have break-away requirements too.

    State Towing Laws


    That site shows TRAILER braking laws. I can only speak for sure about Montana. While TRAILER brakes are required, and a breakaway device is required, State Law does not define a towed motor vehicle as a TRAILER!
    In my research, the ONLY State Law that would require brakes on a towed motor vehicle is the Braking Performance Law (MCA 61-9-312) which requires that ANY "combination of vehicles" must be able to stop within 40 feet from 20 MPH on a level, clean, dry, hard, surface. Many other states have the same, or similar, performance laws, as does the Federal Motor Vehicle Safety Standards.
    Equipment laws are not reciprocal! Reciprocity Agreements between states normally only cover insurance requirements, registration requirements, and driver licensing. However, that does NOT mean that I can take my ATVs, which are street legal and licensed for road use, to any state which does not allow road use of ATVs and ride them on the street!
    I have found ONE state which seems to require a braking system on towed motor vehicles; North Carolina, GS 20-124. Look at subsection f.
  • I have an AirForceOne braking system and it has a break away. It is just common sense. Those safety cable would never sustain the potential shock load they could be given. Plus it is probably the second thing you would be asked (after do you have a supplemental brake) if anything happened. Then try and deal with your insurance company if you don't.
  • Some regulations are governed by your home state. Drivers license etc. Safety requirements such as break away devices, brakes on toads etc are overned by the state you are driving in. WY doesn't require toad brakes. I have them and break away device because it is the safe thing to do and I drive through states that require them.
  • Keeping in mind that most any site that is selling something like trailer braking equipment is posting it to encourage you to buy something. However, this one does show the weights by state for brakes and which ones have break-away requirements too.

    State Towing Laws
  • RoyB's avatar
    RoyB
    Explorer II
    I haven't pulled a car behind a RV but I read alot folks use something called a BRAKE BUDDY...

    I did a search on your post title and there is alot of info there... Several MAPS where you can your mouse over to get state specific info etc....

    Roy Ken
  • 23hotrodr wrote:
    What are the legal requirements for a break away device on a dinghy?

    If it is required in some states, where can I find this info and what states require such a device?

    Thanks-- Mick


    Do it because it's the safe thing to do.