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Break away device legal requirements?

23hotrodr
Explorer
Explorer
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
2007 Itasca Suncruiser 35L
2000 Jeep Wrangler
18 REPLIES 18

ol__yeller
Explorer II
Explorer II
Thank you mowermech. That answers what I needed to know. I previously towed a TT behind my old F250 and was familiar with electric brakes, break away switches, and batteries. I was just wondering how a surge system would work if the toad itself bounced off the dolly. Leaving the car in park is not the same as a break away system. The parking pawl which is what keeps the toad in park is not a very beefy part and I suspect would not stop a loose toad. I'd much rather chain the toad to the dolly. That way you'd need a double failure to have a loose toad. Thanks for the education!
I am NOT a mechanic although I do play one in my garage!

mowermech
Explorer
Explorer
ol' yeller wrote:
I'm not trying to hijack this thread but I have a slightly different question on the same subject. What about dingy towing on a dolly? I assume there is a break-away for the dolly but what about the toad on the dolly? Given the frequent safety warnings from dolly manufacturers to check the straps, how does one stop a toad that has become disconnected from the dolly? I am considering dolly towing behind my Class C and want to be safe. Are there safety chains tying the toad to the dolly as well?


Yes, the dolly I had (Demco Kar Kaddy, about a 1993 model) did have a safety chain that was to be hooked to the chassis of the vehicle.
Keep in mind that hydraulic surge brakes have a breakaway built into the surge unit. Electric brakes, however, not only require a brake controller where the driver can reach it, but must have a battery on the dolly to actuate the brakes in the event of a breakaway. that battery (here in Montana, that is) must be capable of holding the electric brakes applied for at least 15 minutes.
CM1, USN (RET)
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Bobbo
Explorer II
Explorer II
The car on the dolly has the transmission in PARK. That locks the wheels. You don't need a separate breakaway brake for it.
Bobbo and Lin
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ol__yeller
Explorer II
Explorer II
I'm not trying to hijack this thread but I have a slightly different question on the same subject. What about dingy towing on a dolly? I assume there is a break-away for the dolly but what about the toad on the dolly? Given the frequent safety warnings from dolly manufacturers to check the straps, how does one stop a toad that has become disconnected from the dolly? I am considering dolly towing behind my Class C and want to be safe. Are there safety chains tying the toad to the dolly as well?
I am NOT a mechanic although I do play one in my garage!

mowermech
Explorer
Explorer
august west wrote:
I'm not trying to change your opinion, just trying to say ..I...believe it is necessary to be lawful and ...I... think it's common sense.


Montana makes it simpler:
MCA 61-1-101, (82) (a) "Trailer" means a vehicle, with or without motive power, other than a pole trailer, designed for carrying property and for being drawn by a motor vehicle and constructed so that no part of its weight rests on the towing vehicle.

Note that a "trailer" is not designed for carrying PEOPLE, only property!

Yes, I suppose it is just common sense to have a braking system on a towed vehicle, but that isn't the question; the question relates to LEGAL requirements. The ONLY way to find the answer to that question is to check the laws of every state you wish to travel in, then find out how fast you can stop your rig from 20 MPH on a clean, hard, dry, level surface. Many (if not most) states have a Braking Performance Law, AND it is in the FMVSS.
I have been idly researching this question of legality for over 15 years, and the ONLY state I have found that apparently has a law regarding braking a towed vehicle (other than a performance law) is North Carolina (GS 20-124 (f)). There is also a Braking Performance Requirement (GS 20-124 (e))
CM1, USN (RET)
2017 Jayco TT
Daily Driver: '14 Subaru Outback
1998 Dodge QC LWB, Cummins, 5 speed, 4X2
2 Kawasaki Brute Force 750 ATVs.
Pride Raptor 3 wheeled off-road capable mobility scooter
"When seconds count, help is only minutes away!"

mowermech
Explorer
Explorer
Nutinelse2do wrote:
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


Here is a list that tells you all you need to know, by State.....
Towing Laws by State

As others have said, why take any chances?


Just looking at the Montana section of that list, there are so many errors that the list is totally useless! So many, in fact, that I wouldn't even try to enumerate them here!
I have yet to find a "List of Towing Laws" that is truly accurate. I wonder if there is one?
CM1, USN (RET)
2017 Jayco TT
Daily Driver: '14 Subaru Outback
1998 Dodge QC LWB, Cummins, 5 speed, 4X2
2 Kawasaki Brute Force 750 ATVs.
Pride Raptor 3 wheeled off-road capable mobility scooter
"When seconds count, help is only minutes away!"

Nutinelse2do
Explorer
Explorer
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


Here is a list that tells you all you need to know, by State.....
Towing Laws by State

As others have said, why take any chances?
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august_west
Explorer
Explorer
after modification, are they not designed to be drawn by another vehicle?

august_west
Explorer
Explorer
I'm not trying to change your opinion, just trying to say ..I...believe it is necessary to be lawful and ...I... think it's common sense.

mowermech
Explorer
Explorer
"...designed for....being drawn by another motor vehicle."

NONE of the vehicles I have ever towed were designed to be "drawn by another motor vehicle". They ALL had to be modified for towing!
CM1, USN (RET)
2017 Jayco TT
Daily Driver: '14 Subaru Outback
1998 Dodge QC LWB, Cummins, 5 speed, 4X2
2 Kawasaki Brute Force 750 ATVs.
Pride Raptor 3 wheeled off-road capable mobility scooter
"When seconds count, help is only minutes away!"

august_west
Explorer
Explorer
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.

Y-Guy
Moderator
Moderator
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.

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mowermech
Explorer
Explorer
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.
CM1, USN (RET)
2017 Jayco TT
Daily Driver: '14 Subaru Outback
1998 Dodge QC LWB, Cummins, 5 speed, 4X2
2 Kawasaki Brute Force 750 ATVs.
Pride Raptor 3 wheeled off-road capable mobility scooter
"When seconds count, help is only minutes away!"

MaverickBBD
Explorer
Explorer
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.
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