My very first travel trailer weighed in at roughly the same weight as my Jeep; approximately 4200 lbs and it came with brakes. I towed it with a RAM 2500 CTD that could certainly handle that weight without using the trailer's brakes. The reason it had brakes? In PA, anything over 3000 lbs being towed has to have them. Yes, you can probably bring up the motorized vs non-motorized argument, but, over 3000 lbs of dead weight is over 3000 lbs whether the motor is installed in said towed or a motor laying in the bed of a flat bed trailer. That same truck a few years later was dutifully pulling my new tt, a loaded for travel unit, weighing in at over 10,500 lbs. The trailer umbilical failed and my brake controller promptly informed me that it had lost communication with the trailer... Drove and handled, including stopping, with no noticeable difference. I did, however, pull off at the nearest rest area to remedy the situation. Could I have continued on? Apparently, from a driveable standpoint, I could have, but, my logic told me to fix the darn thing ASAP. The same logic that tells me, for the reasons in my post, that for the small price of the brake actuator (Craigslist has them at dirt cheap prices) I should have one in my towed.
Again, use what ever logic you care to. Not using one, given their cost, benefits, and safety, no matter the convoluted legal wrangling, is not logical to me since the final arbiter of the legality probably doesn't read this forum and is not going to be swayed by any statement by a defendant that starts with "I interpreted that law, code ,etc., as meaning...". I worked hard for the things I have and would prefer not to have them taken away by a civil court.