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Break-away required???

lonetow
Explorer
Explorer
Can someone tell me or point me?? Is a break-away brake system required in all states as far as flat towing or does it vary by weight / state or????????????
Thanks for any help:)
2006 Dodge Quad 2500/4X4/SWB/CTD/Auto
2013 Lance 825
Rancho 9000XLs Firestone Bags
2002 Jeep TJ Sahara Auto 6cyl
30 REPLIES 30

robatthelake
Explorer
Explorer
One thing for sure there are a whole lot of Companies selling Auxiliary Braking Systems that Make Claims that There is some legal requirement that requires there being used, but when You question the Various States and Provinces ,No one is willing to back them up!

Do They make sense...Yes ! If they actually work and are installed and set up correctly they just might stop You a bit quicker in a panic situation!We read about performance but are there any real comparison Test Results?

Are they Legally required...Well actually Only if they are Certified as Approved for Use by the DOT! Just like those ... Driving Lights or... those HID Headlight Conversions that are available on E-Bay!

The Scary Part is that the Tow Bars and Hitches that are out there are also, Not DOT approved! And don't get Me started on some of the Idiots that install these devices!

I'm not Ralph Nader but there are a whole bunch of Poorly designed and improperly Installed Hitches,Base Plates and Tow Bars out there!
Rob & Jean
98 Dutch Star Diesel Pusher ..07 Honda CRV AWD

janstey58
Explorer
Explorer
Good to hear toad breakaway accidents are statiscally very low. I give a more than reasonable effort to ensure I have a solid hitch/tow bar connection and safety chains, so don't feel the need to purchase additional equipment.
Jeff and Kim
2015 Fleetwood Discovery 40E
Freightliner Chassis 380HP DP
2012 Ford Escape Limited Toad

mowermech
Explorer
Explorer
sh410 wrote:
mowermech wrote:
Check the LEGAL definition of a "trailer" in YOUR state! I know the definition here and towed motor vehicles do not meet the definition. (MCA 61-1-101(82))
Montana (and many other states) is a "Performance Law" state. If you can stop your "combination of vehicles" within 40 feet from 20 MPH on a fairly level, clean, hard, surface, you are legal (NCA 61-9-312).
Given the apparent current state of the desire for the government to control every aspect of our lives "for the common good", it seems to me if such braking or brake-away systems were necessary for "safety" they would be required by law by the FMVSS and in EVERY state!
I believe the number of toad breakaways is VERY low, and the number of injuries or deaths is even lower. I don't have the statistics at hand.
I wonder if such statistics are even tabulated?


While I agree with you that the number of toad breaakaways is probably low, but I would be devastated if my toad was involved the death of anyone.


So would I.
However, statistically the chances of that ever happening are so low that very few, if any, states seem to think that it needs to be covered by law. The Federal Motor Vehicle Safety Standards don't seem to care, either!
That would seem to indicate that the problem is considered to be non-existent!
Could it be that the "problem" was CREATED by the manufacturers of such systems? Considering the misinformation disseminated by such manufacturers concerning the laws, it is within the realm of possibility!
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!"

sh410
Explorer
Explorer
mowermech wrote:
Check the LEGAL definition of a "trailer" in YOUR state! I know the definition here and towed motor vehicles do not meet the definition. (MCA 61-1-101(82))
Montana (and many other states) is a "Performance Law" state. If you can stop your "combination of vehicles" within 40 feet from 20 MPH on a fairly level, clean, hard, surface, you are legal (NCA 61-9-312).
Given the apparent current state of the desire for the government to control every aspect of our lives "for the common good", it seems to me if such braking or brake-away systems were necessary for "safety" they would be required by law by the FMVSS and in EVERY state!
I believe the number of toad breakaways is VERY low, and the number of injuries or deaths is even lower. I don't have the statistics at hand.
I wonder if such statistics are even tabulated?


While I agree with you that the number of toad breakways is probabley low, but I would be devastated if my toad was involved the death of anyone.

427435
Explorer
Explorer
hmknightnc wrote:
lryrob9301 wrote:
hmknightnc wrote:
HappyKayakers wrote:
It varies by state but wouldn't you want to be prepared for the most restrictive state?


That's a good idea but reality is: if your legal in your registered state then you are legal in all other US States.



Sorry, this is NOT correct. Only driver's licensing is reciprocal state to state. Equipment requirement are applicable in each state you travel, your vehicle must meet each states requirements.


For non-commercial hauling it is absolutely true. My family tows horses and all of the associated gear over 6k miles every year all over the Eastern US. I've looked up the rules for every state east of the Mississippi and have have been pulled many times by LEO in several of those states (including your state) over the 15 years of doing this, not one ticket ever. This is 4 tow vehicles and various trailers traveling together. You can believe me or not but I know exactly what I'm talking about and have the experience to back it up.

If your referring to commercial towing well that is a whole different story and you are correct.


If you didn't get a ticket, you likely had the necessary towing equipment----------or the LEO applied officer discretion.

And are you saying that you don't have all appropriate trailer safety equipment when towing your horses around? Also, any horse trailer, that I have ever seen, came from the factory with breakaway brakes.
Mark

2000 Itasca Suncruiser 35U on a Ford chassis, 80,000 miles
2003 Ford Explorer toad with Ready Brake supplemental brakes,
Ready Brute tow bar, and Demco base plate.

mowermech
Explorer
Explorer
Check the LEGAL definition of a "trailer" in YOUR state! I know the definition here and towed motor vehicles do not meet the definition. (MCA 61-1-101(82))
Montana (and many other states) is a "Performance Law" state. If you can stop your "combination of vehicles" within 40 feet from 20 MPH on a fairly level, clean, hard, surface, you are legal (NCA 61-9-312).
Given the apparent current state of the desire for the government to control every aspect of our lives "for the common good", it seems to me if such braking or brake-away systems were necessary for "safety" they would be required by law by the FMVSS and in EVERY state!
I believe the number of toad breakaways is VERY low, and the number of injuries or deaths is even lower. I don't have the statistics at hand.
I wonder if such statistics are even tabulated?
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!"

UsualSuspect
Explorer
Explorer
mlh wrote:
Let's say I am pulling a boat that is 2900# and doesn't require trailer brakes. If it breaks loose and keeps rolling, does that make it any better than my toad breaking loose and continuing to roll? Both are dangerous and could kill someone. I would be legal either way. Louisiana has different laws for toads than they do for trailers. I looked it up as well. People on here preach that everyone should have toad brakes and breakaway systems because it is the "right" and "safe" thing to do. Would those people also say that ALL boat trailers under 3000# should follow the same rules? Are there any braking system advocates on here that pull a boat trailer without brakes? Why or why not? Not trying to flame anyone, but if having brakes and breakaway systems is the right thing to do, then shouldn't it be across the board? Is it ok that your toad will not come loose and possibly kill someone, but your boat could?

Just my 2 cents, but every trailer and toad should have them, size nor weight should matter, when they break loose they are uncontrolled missiles looking for a place to stop.
Anyone know how many are killed or injured each year by toads and trailers without brakes?
2007 Fleetwood Excursion 40E Cat C7 350 HP
2007 Chev 2500HD D/A Long bed CC (Yes, it is my TOAD :B)
2011 Toyota Tundra
2013 Jeep Wrangler Unlimited Sahara (Backup towed)
Gone but not forgotten, 2008 Jayco 299 RLS

mlh
Explorer
Explorer
Let's say I am pulling a boat that is 2900# and doesn't require trailer brakes. If it breaks loose and keeps rolling, does that make it any better than my toad breaking loose and continuing to roll? Both are dangerous and could kill someone. I would be legal either way. Louisiana has different laws for toads than they do for trailers. I looked it up as well. People on here preach that everyone should have toad brakes and breakaway systems because it is the "right" and "safe" thing to do. Would those people also say that ALL boat trailers under 3000# should follow the same rules? Are there any braking system advocates on here that pull a boat trailer without brakes? Why or why not? Not trying to flame anyone, but if having brakes and breakaway systems is the right thing to do, then shouldn't it be across the board? Is it ok that your toad will not come loose and possibly kill someone, but your boat could?
2021 Ram 2500 Crew, 6.4, 4x4
2022 Cherokee Arctic Wolf 287BH
B and W patriot 18k slider.

j-d
Explorer II
Explorer II
Yes. There's a pic floating around where the whole front end of a unibody toad came off with the baseplate still attached.
If God's Your Co-Pilot Move Over, jd
2003 Jayco Escapade 31A on 2002 Ford E450 V10 4R100 218" WB

oilslick
Explorer
Explorer
99% of the time people attach the safety chains to the hitch, there are many cases of the hitch breaking off. Just last year a friend's SIL lost a cargo trailer from behind his 5th wheel when the hitch broke off, luckily it ended in the ditch. Of course having a breakaway device only works if that is attached to something other than the hitch.

janstey58
Explorer
Explorer
Has there ever been a situation whereas the tow bar and BOTH safety chains failed? Hearing that might change my mind to purchase a break-away capable device.
Jeff and Kim
2015 Fleetwood Discovery 40E
Freightliner Chassis 380HP DP
2012 Ford Escape Limited Toad

bocanut50
Explorer
Explorer
It's cheap insurance. Don't leave home without one, along with your AE card, if you have one.
Bill Stiles
2003 Discovery 38T
2013 Ford Edge SEL

copeland343
Explorer
Explorer
I have rechecked with Louisiana DMV and at this time there are no requirements for towing a motor vehicle by a private individual in Louisiana, only tow companies. Trailer rules only apply to trailers per the State.

steelpony5555
Explorer
Explorer
Hmmmmm,, What would be a good reason for not having a break away???? Especially something so simple since you're already doing all the prep to flat tow the vehicle anyways. That is unless you are just hookin a tow bar and going without any brakes or lights etc... I for one, sure wouldn't want to be responsible for a trailer/vehicle coming loose, and they do, and instead of it coming to a screeching halt it keeps on rolling and crosses a median into on coming traffic???
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