I have two trailers. One (a 5X8 flatbed) to carry ONE ATV, and one (a 7X14 enclosed trailer) that carries TWO ATVs.
They are both legal according to all MT laws.
The smaller one has NO brakes, nor does it have a breakaway system (obviously). Neither are required by law for a trailer of this size.
The larger has brakes on all four wheels, and a breakaway system, as required by law for a trailer of that size.
One has a 1 7/8 ball hitch, the other has a 2 5/16 ball hitch.
In the event of a total hitch failure, resulting in complete separation from the towing unit, which would you rather be immediately behind?
The one that has no brakes, and runs off the road, winding up in the barrow pit or median WITHOUT HITTING ANYBODY OR ANYTHING, or the one that comes to a screeching halt, AGAIN WITHOUT HITTING ANYBODY OR ANYTHING, right in front of you when you are going 60 MPH!
Think about it.
Edited to restrict and clarify the "what if" scenario.