Originally Posted by Harley97
As I have said multiple times throughout this thread. 1. Show me a law, not a magazine or website opinion. 2. Show me any single lawsuit, citation, fine etc for someone not having auxiliary brakes on a TOAD.
We all have opinions but what matters is what the law says and what courts say. I have never seen anything supporting auxiliary brakes on a TOAD being required by law. I will gladly recant all my posts if someone can prove this to me.
Here is the legislation (law) for CA:
(a) The braking system on every motor vehicle used to tow another vehicle shall be so arranged that one control on the towing vehicle shall, when applied, operate all the service brakes on the power unit and combination of vehicles when either or both of the following conditions exist:
(1) The towing vehicle is required to be equipped with power brakes.
(2) The towed vehicle is required to be equipped with brakes and is equipped with power brakes.
(b) Subdivision (a) shall not be construed to prohibit motor vehicles from being equipped with an additional control to be used to operate the brakes on the trailer or trailers.
(c) Subdivision (a) does not apply to any of the following combinations of vehicles, if the combination of vehicles meets the stopping distance requirements of Section 26454:
(1) Vehicles engaged in driveaway-towaway operations.
(2) Disabled vehicles, while being towed.
(3) Towed motor vehicles.
(4) Trailers equipped with inertially controlled brakes which are designed to be applied automatically upon breakaway from the towing vehicle and which are capable of stopping and holding the trailer stationary for not less than 15 minutes.
(Amended by Stats. 1991, Ch. 121, Sec. 1.)
I believe you are correct..... ONLY if you can demonstrate / prove the following per sub-section C above:
From Section 26454:
Single-unit property-carrying vehicles having a GVWR of more than 10,000 pounds, except truck tractors; combinations of a 2-axle towing vehicle and trailer having a GVWR of 3,000 pounds or less; all combinations of 2 or fewer vehicles in driveaway or towaway operation are required to demonstrate:
1) Max Stopping Distance at 20MPH: 35 Feet
2) Braking force as a percentage of gross vehicle or combination weight: 43.5
3) Deceleration in feet per second at 20MPH: 14
4) Maximum Stopping Distance of Emergency Brake at 20MPH: 85 Feet
If your MH and toad combination can meet the above requirements, you don't need auxiliary braking in the toad. In an accident situation, you may be required to prove it meets all of the above as well as if you are stopped because they have probable cause that it would not meet these stopping requirements.
If the braking system of the MH can't meet these requirements on its own pulling a toad, you would have no choice but to have a supplemental braking system on the toad in order to meet the stopping requirements.
Many other states have similar laws but most also spell out that they require an emergency breakaway system
on anything towed. That means the towed vehicle must have a supplemental braking system.
Here is PA's law right from the PA Motor Vehicle Code for example:
Every combination operated on a highway, the towed vehicle of which is equipped with brakes or which has a gross weight in excess of 3,000 pounds, shall be so equipped that, upon breakaway of the towed vehicle, the towed vehicle shall be stopped and held automatically, and the towing vehicle shall be capable of being stopped and held by use of its own service braking system.