We can justify this conversation easily in either direction. Simple facts are that any trailer over 3000lbs in most states needs some sort of braking system but ironically most states do NOT have a requirement for a toad to have brakes. The reality is that as I watch the EvenBrake it really doesn't come on that much unless the MH brakes hard. I can adjust that but I am not going to. My 32K MH is probably going to do just fine stopping either of my Jeeps. I do agree that the safety cables should stop the toad from going awry and killing someone and if they don't, that is a manufacturer issue legally. Even in the 5 states that require brakes, they are still driven by the weight of the toad. This would indicate that the U.S. feels pretty secure about the MH stopping the toad it is pulling.
http://home.roadrunner.com/~morodat/toad-brakes-by-state.html
Bill