Are Towing Laws Outdated?
I have always been an advocate for towing safety, whether it’s towing a trailer or towing a vehicle behind a motorhome. One of the most controversial topics I have run into is whether vehicles being towed behind motorhomes need to have a supplemental braking system. My argument is if the state that you reside in has laws requiring a trailer over a certain weight to have brakes; this would also apply to a vehicle being towed behind a motorhome. Another argument is that many state towing laws are antiquated and need to be updated. When some of these laws were written people weren’t towing vehicles behind motorhomes.
The brakes on a motorhome are designed by the vehicle manufacturer to stop the weight of that particular vehicle, not the additional weight being towed behind it. This additional weight adds a substantial increase to the distance required to stop safely. And, even if the motorhome is capable of stopping the vehicle the added stress from the force on the tow bar and hitch, when the vehicle doesn’t have brakes, can result in damage to the tow bar or separation from the hitch. Some motor home chassis warranties are voided if you tow over a certain amount without a supplemental braking system.
I’ll go even one step further. I am not a big fan of the Federal government regulating things that individual states should have control over, but when it comes to trailer towing laws I do believe the laws should be the same for every state. Trailers need safety chains, lights, proper hitchwork and if it weighs over a certain amount it needs brakes, period! It makes no sense that a trailer would need brakes in one state but not in another state. Why do we need 50 different sets of guidelines and laws regulating the operation of a trailer?
After analyzing a five year history of data collected through the National Highway Traffic Safety Administrations General Estimates System I discovered that on average there were 68,358 accidents involving passenger vehicles towing trailers per year. The average fatalities from accidents involving trailers are 446 per year. The average numbers of injuries from these accidents are 24,506 per year and the average instances of property damage resulting from these accidents are 43,405 per year. To me this is unacceptable.
It would be my guess that the majority of these trailer related accidents involve smaller utility trailers that the average homeowner might have, trailers used in construction and other businesses, horse trailers and of course boat and RV trailers too. The bottom line is there is no excuse for these kinds of statistics. I see unsafe trailers on the road all the time, but the way I see it is in most cases it is a lack of education or understanding of what is involved to safely and properly tow a trailer, regardless of the size or type trailer it is.
I think a good start to educating the consumer would be to standardize the laws and regulations regarding the operation of all trailers and vehicles being towed. It would simplify the process and answer questions that people have like:
1) What is required to be on the trailer i.e., safety chains, lights, break-away switch (with a charged battery)?
2) How much can a trailer/vehicle weigh before it needs brakes?
3) What type of hitchwork do I need?
Half of the battle to safe towing is using the proper equipment. The other half is enforcement. Law enforcement officers need to be trained on what the laws and requirements are for safe trailer towing and then enforce the laws.
There is no reason for over 68,000 accidents and over 440 deaths a year involving vehicles towing trailers.
That’s how I see it, how about you?
Watch the video for information on safe towing procedures.
Happy & Safe Travels,
Mark J. Polk





I concur with your approach with the following addition. RV dealers should be required to ensure that when they sell a trailer/fifthwheel/motorhome they should ensure that the purchaser is aware of the laws and what is required to conform to those laws. I have seen too many dealers tell prospective buyers that the tow limits are only guidelines and they can tow the unit with whatever tow vehicle they currentlly own with “no problem”. Obviously they are anxious to make the sale and do not want to introduce anything that may make the prospect think twice. And let’s face it many new to RVing are not aware of the laws or the need to make sure the combination is safe. I was one of those people some 23 years ago. I wish someone had taken me aside and explained the facts of life to me at that time. Might have saved me a lot of time and money beside preventing me from endangering my family.
Great post. The biggest violation I see is people not crossing their safety chains. For those that are curious you cross the chains to catch the trailer tongue in case of separation.
I for one feel that in most things the less government regulation the better. As for the number of deaths and injuries per yer caused by accidents involving trailers. It sounds like a pittance when compared to the number of trailer hookups that are on the road during any year. Sure it sounds high when taken out of any sort of contrast but when compared to the total number of trailers being towed, it is very very small. I say no need for more government red tape because we all know that with more regulations will come higher fees & taxes as always!
Whatever makes you think the Federal Government can do a better job than the individual states?
What percentage of those deaths don’t have anything to do with lack of a law, but rather ignoring the laws already there? I would guess high 400’s.
How is a new law going to change that?
I drive a motorhome and have towed with and without toad brakes. Having brakes on the toad is better by far. You can definitely tell when the toad brakes come on. I set the brake senstitivy so the toad brakes do not come on unless an hard braking is needed then they kick in. There have been a few times when I was very glad to have the extra braking ability. What I was told was “The law is not going to stop you to see if you have brakes on your tow vehicle but, get into an accident and the subject will come up and if you don’t have brakes on the tow vehicle you could be held liable for the accident even tho it wasn’t your fault.”
I worked an accident involving a SUV pulling a very large boat. My dispatch was a vehicle and boat were facing the wrong way on US131. On arrival met the driver who said he was driving 70 mph and the boat/trailer started to fish tail and not able to control it, he was not experienced in towing anything. To my surprise he commented that the dealer didn’t tell him not to drive fast. In my 34 year career I can tell you I’ve heard everything. Nothing surprises me sorry to say! A business wants a sale and will not comprromise it. Maybe a towing indorsement on the ops to show they were educated on towing?
I think Mr. Polk has done an excellent job in this article. I would like to comment on this person’s statement “As for the number of deaths and injuries per yer caused by accidents involving trailers. It sounds like a pittance when compared to the number of trailer hookups that are on the road during any year. Sure it sounds high when taken out of any sort of contrast but when compared to the total number of trailers being towed,” So here is my example on his comment…
The Ford Pinto… 1.4 million recalled because of 85 deaths
The Firestone Tire recall in 2000…. over 6 million recalled 174 deaths…
The Baby crib recall last year… 1.3 million recalled 3 deaths…
The most recent peanut butter recalled…. over 20 million recalled…. 9 deaths…..
So in the above example this person thinks we should allow this issue to keep happening…. if this is the case then why worry about exploding cars, bad tires, bad baby cribs and heck… bad peanut butter.
Fact.. the numbers are underestimated beacaue Police agencys do not properly document the accident. Then people who loose trailers don’t report the accident.
Fact.. over 85 % have failing lights….
Fact… anybody can build one buy taking a old pick up and cut it in half and weld on a hitch.
Fact:.my grandmother can go down to Lowes and buy one and take it home in 30 minutes
Fact… people mismatch the 1 and 7/8 ball with the Two Inch Hitch…
Fact… over 8 states do NOT require safety chains…….
Fact… over 50 percent have dry rotted tires…..
Before you dismiss just one life….. then go to my web site and tell the loved ones that you think their life is worthless… http://www.dangeroustrailers.org/uploads/TA14new.pdf The point is be careful what you wish for….. someday a loose trailer might hit someone you know.
Then a professional team of accident reconstruction told our government this…”In Summary, this crash was caused when a homemade trailer detached from the pick up that towed it. It struck a Cadillac traveling in the opposing lanes of traffic, fatally injuring the driver. Trailers are a special class of vehicle and all are subject to some requirements regarding lights and chains. While the Code exempts some smaller trailers, those designed to carry over 3000 pounds are required to have brakes and to be inspected beyond the initial visual confirmations of a VIN plate.
“HOWEVER, VIRGINIA STATE CODE IS SILENT AS TO ANY DESIGN OR CONSTRUCTION SPECIFICATIONS FOR THOSE VEHICLES OR FOR TOWING CHAINS AND HITCHES. The purpose of this TECHNICAL ALERT is to draw attention to the POTENTIAL dangers of unsafe trailers on roadways in the Commonwealth. In many cases, towed trailers may be in OBVIOUS violations of safety codes that relate to lighting, braking and inspection requirements. Wherever possible, LAW ENFORCEMENT OFFICERS should be trained in ways to quickly and easily identify such vehicles. In other cases, a trailer may meet all legal requirements but still be hazardous when used in transportation. THE TEAM RECOMMENDS THAT THE DEPARTMENT OF MOTOR VEHICLES, THE DEPARTMENT OF STATE POLICE AND OR MEMBERS OF THE VIRGINIA GENERAL ASSEMBLY REVIEW THE CURRENT ADMINISTRATIVE CODE AND CONSIDER WAYS TO IMPROVE SAFETY WITH REGARD TO TRAILERS OPERATED ON VIRGINIA ROADS
In closing….. can we at least admit we have a problem….?
Larry,
I mentioned in the article that I am not a big fan of the Federal government regulating things that individual states should have control over, but in this case individual states are doing a poor job. Some states don’t require any safety chains on the trailer. Some say you don’t need brakes on a trailer that weighs less than 5,000 pounds, and some don’t specify weights or safety related equipment.
The goal would be to standardize what is required to operate a trailer across the board. Every trailer on the road needs safety chains, lights, and at some agreed upon weight it needs brakes. Why is it okay for several states to say a trailer doesn’t need safety chains when one of the biggest contributors to accidents is trailers separating from the vehicle. I agree that people disregard laws or are not properly educated on safe towing, but if the trailer had safety chains and they were connected it could prevent a serious accident or save a life.
This is a major undertaking, but once the laws are standardized you start working on education and enforcement. Law enforcement agencies enforce other laws why should trailer towing laws be any different?
I see unsafe trailer and vehicle combinations on the roads all the time that are just another accident waiting to happen. This is something that can be prevented if we work on it.
All people buying and pulling or drving an RV should attend some type of certified class and pass before buying.Class A for motor home buyer.
My Brake Buddy saved my bacon at least once; certainly enough to warrant its reasonable cost. I was in my 2001 Forest River Sunseeker class “C” E-450 with a Brake Buddy system towing a 2004 AWD Toyota RAV4 (about 3,500 lbs considering the car’s weight and tow equipment) heading west on the Interstate at highway speeds while leaving Washington, DC at the start of its afternoon rush hour. A chemical tanker 18 wheeler had an emergency stop just ahead of me. It’s brakes and tires smoked from the friction and the large tanker swayed within the lane. I jammed on my brakes, avoiding the back of that tanker by the thickness of a slice of waxed paper. The Brake Buddy acting like a parachute on a jet coming in for a carrier landing was the margin of difference. Of course, the system paid for iteself on that occassion; but also when going down mountain grades in places like British Columbia or that lovely scenic loop outside El Paso, TX.
I couldn’t imagine towing and relying simply on the brakes of the towing vehicle. Simple physics tells us the weight of the object behind will continue its forward motion, thus propelling the tow vehicle further ahead.
No inspections on trailers under 3,000 pounds… granted… this trailer is a double axle trailer and because we have no standards in place on a nationwide level this happend… * Two children and a wife…. no longer have a father and husband… * Ron Newton, 44, an employee of Brainstorm Internet in Durango, died at the scene. Phil Bryson of Durango was driving the BMW sport utility vehicle hit by the tire. As Bryson and Newton traveled northbound, a southbound truck lost two left tires off its trailer. One tire jumped a concrete lane divider and went through the windshield of the BMW, striking Newton, the front-seat passenger. Newton had a wife, Dana, and two sons, Daniel and Stephen. “Our prayers and our thoughts are with them,” Bryson said Monday.
Asbe said two wheels on the left side of the trailer sheared off for unknown reasons. Both tires were on the same axle and had heavy-duty rims, like those found on a truck. One of the tires hit the windshield dead on, he said. “It came right through the windshield,” he said. “There was very little damage above the windshield or below it.” The truck pulling the trailer was driven by Ronnie Jacquez, 34, of Bloomfield, N.M. It was a 1-ton welding truck owned by Moberg Welding of Bloomfield.
Ron Melancon of Richmond, Va., who operates a Web site called DangerousTrailers.org, is on a one-man campaign to improve safety regulations nationwide when it comes to utility trailers. He is a former emergency services technician volunteer who has responded to accidents involving faulty trailers. He has also been involved in an accident involving a trailer. There are very few regulations nationwide for trailers weighing less than 3,000 pounds, he said in a phone interview Monday. He said he’s been investigating trailer accidents for six years. In 2007, there were 459 fatal crashes and 21,775 injury accidents involving a passenger vehicle pulling a trailer in the United States, he said. “I just don’t know who has to be killed before we do something,” Melancon said. “If I don’t do this, who’s going to take my place?”
So again… I say… should we continue to ignore this problem or do we get the courrage to “Make a difference”
I think that it is inexcusable that trailers (utility) weighing under a certain weight unloaded can be sold without brakes, and yet are designed to carry substantial additional weight. If the trailer weighed a few pounds more it would require brakes, and yet the load capacity is not considered. And in some cases, axle placement is not considered either, causing most loaded conditions to be unstable when towing. At the least, utility trailers should have some adjustment to increase tongue weight beyond an estimate of what the load has done. And electric brakes!!! Just a tap on the brake controller can stop sway NOW. Electronic controls for this sway are starting to arrive, but usually only on vehicle manufacturers factory installed controllers. Sorely needed. I have seen a loaded construction trailer suddenly start swaying and jerk a full size pickup almost 90 degrees to its direction of travel. No injuries, but closed a freeway lane for several hours. I was right behind and saw the whole thing. If the trailer had brakes…
I’m a commercial driver hauling new cars throughout California. I also own a 40 foot Bluebird Wanderlodge Class A motorhome. Federal law requires me to properly secure my load of cars with proper tie down equipment that meets or exceeds minimum load securement specifications. The same requirements apply to other segments of trucking that involves transportation of loads not inside an enclosed trailer.
In my opinion, there are too many RV’ers on the road who think only of getting from Point A to Point B in the FASTEST amount of time, with the LEAST amount of safe, compatible equipment.
While on the road, I am constantly amazed at what I see — very large RV trailers being pulled by half and three-quarter ton pickups; RV trailers and towed vehicles without the safety chains properly hooked up (not crossed as “catchthewind” suggested); speeds of 70 MPH or more (in California, the speed limit for ANYONE towing another vehicle or trailer is 55 MPH); 5th wheel RV trailers being pulled by a three-quarter ton pickup with another trailer filled with “toys” hitched to the rear of the RV — the list goes on and on.
If the accidents that occur each year involving RV’s and towed vehicles were fully analyzed individually, I think primary, or at least contributing causes, of the accidents would involve non-compatible towing/towed equipment, unsafe safety securement, speed, and just plain inexperience in driving large RV vehicles and/or combinations.
Given the increase in size of RV’s and combinations, and the yearly accident/death toll, should there be minimum Federal requirements that each state must include in their vehicle equipment and driver licensing codes?
While I’m not an advocate of more government regulation, I think the answer is, “probably”. It would work the same way Federal safety regulations apply to the commercial trucking industry, and end the hodgepodge of state regulations.
Safe Travels!
Another thing that should be addressed when towing. The hitch should be almost parallel to the ground. I know that Blue Ox recommends no more than 4″
difference between the tow vehicle hitch ball and the towed vehicle attachment point. I have seen some vehicles being towed where the tow bars are almost 45 degrees.
I have towed cars sinces 1974 they have been Jeeps chevys fords. no jap cars.
all stoped grate.that brake for the towed car is just a money graber,
This whole issue (and so many others) is a “catch 22″ situation. Obviously, a condition that is safe, or unsafe, in Kansas is also equally safe or unsafe in Arizona, etc. I, for one, am generally opposed to large scale federal legislation and control, while I am also convinced that we need uniform rules for interstate travelers. Where do we draw the line between states rights and federal control? I don’t know! I do know that the people that would be deciding what is safe and what is not safe in the federal (and most state) legislatures are, in combination, so out of touch with reality and are so “owned” by special interest groups that the regulations they would pass would have no real relationship with safety concerns.
Is this a situation where doing nothing may be better than doing the wrong thing?
Good article Mark. I am one of those “disliked” people when these conversations come up. I think that anyone who drives a combination of rigs or anything over 25′ should have a special license.
I think that every state has motorcycle endorsements now…why not towing or motorhome endorsements? I talked about that for years but finally decided to act on it for myself 4 years ago. I went out and qualified for a Class B CDL with air brakes so I could say that I at least trained on what I drive (diesel MH towing a Jeep with toad brakes hooked to the MH braking system.
I have seen too many people who have driven cars all their life, and when they retire, they buy a motorhome or towable rig. They do not have the eyesight or peripheral vision or depth perception they had when they got their license, and every salesman tells them that it drives no different than a car — so they drive just like they did with their car!!! I’m actually suprised there aren’t more accidents!
Bill,
“To my surprise he commented that the dealer didn’t tell him not to drive fast. In my 34 year career I can tell you I’ve heard everything. Nothing surprises me sorry to say! A business wants a sale and will not compromise it.”
Maybe just maybe it is time for people to take RESPONSABILITY for their own actions. If the man drives seventy MPH towing a trailer, how is it the dealers fault? It’s just a shame stupid is not against the law.
Let take RESPONSABILITY for our actions and stop trying to blame everybody else.
I liked Mr. Polks presentation. However, I do agree that all states should enact similar laws for towing. There are very many thing to take into consideration when enacting such legislation. How about the homeowner that is transporting his riding lawn mower to a neighbor or friends house on a utility trailer? (Weighs less than 1,000 lbs., total weight). Does they need lights, brakes, safety chains, etc.?? Why or why not? Perhaps each state should mandate that each RV dealer be qualified to give a training course on: SAFETY!—paramount in any and all circumstances; how to set-up the tow vehicle; hook up the towed vehicle; and how to properly drive and at what speed to drive, etc. Then the dealer may issue a card similar to a d/l showing that the customer has had training. Maybe even furnish a DVD for refresher training from time to time??? From that point on, the dealer would be relieved of any responsibility. [Wouldn't matter if that is the customers first or umpteenth towed vehicle]. Then, the owner/driver shall be responsible for the actions of towing vehicle and towed vehicle, e.g. trailer.
Something so simple, but overlooked!
How much would the insurance jump?? Just a pure guess, but, probably double or triple! I, personally, saw a pick-up truck towing a “U-Haul” trailer that was obviously overloaded. ‘Fish-tailed’ like crazy, eventually lost site of him. Just said a prayer for them!
Anyone ever go over a hump in the road and come to a sudden HALT? Had that happen due to the ‘Emergency Brake’ cable got hung. I checked everything I could think of and couldn’t solve the problem. Circled the truck & camper several times and still couldn’t find the problem. Next time around, I spotted the cable hanging down. Reinstalled the pin and took off! My wife looked at me: “What was wrong?” I told her what had happened ~ ~ we both got a big laugh!
Folks, we’ve got to take responsibilty for our own actions and not “try to pass the buck” to someone else!
“Have a good day today and a better one tomorrow!”
Someone in this posting stated that we need to take responsiblity for our actions… As you read this most recent accident… this person blames the horses for the trailer coming off the hitch. The fact is… he did not properly secure the trailer and most likely did not use SAFETY CHAINS… do you know why??? In KENTUCKY they have no law for SAFETY CHAINS.. See… this is Exactly what is wrong… Why do we use Safety Chains in North Carolinia but not in Kentucky?
Horses Okay After Horse Trailer Flips Over On Bluegrass Parkway
WLEX-TV- updated 1:13 a.m. ET March 20, 2009
Two horses, on of which is with foal, are expected to recover after the trailer they were in flipped over on the Bluegrass Parkway Thursday. The incident happened at about 1 p.m. near mile marker 49 in Anderson County. The horses, a yearling and a mare with foal, were being transported from Lexington to Marion County when the driver of the truck pulling the trailer said the horses moved, somehow causing the trailer to become unhitched. The trailer then flipped over on its side in the median of the roadway. Officials at the scene say they were able to get the mare out of the trailer, but that the yearling was trapped. That horse was sedated until a crew was brought in to help free it. Officials said the horses seemed okay after the incident and are expected to recover.
While i agree with the article that all states need to have more consistent laws on towing trailers, and i also believe that trailers should be towed with brakes as a safety precaution. I always find it laughable when people begin to quote statistics. As most people know statistics can be manipulated to prove almost any point. Make the argument but please leave out useless statistics that are meaningless because in most cases they are taken out of context or manipulated to prove a point. Thank you for the article.
” How about the homeowner that is transporting his riding lawn mower to a neighbor or friends house on a utility trailer? (Weighs less than 1,000 lbs., total weight). Does they need lights, brakes, safety chains, etc.?? Why or why not?”
The rig described here is just as deadly if “something goes terribly wrong” as an approximately equal rig used to travel throughout the country being towed by a motorhome. The answer therefore, is a definite YES! Yes, it should be equipped with whatever safety equipment that is needed for such a rig no matter what road it is traveling on. A car can run a stop sign and the car pulling the trailer be unable to stop before impact due to the additional weight of the trailer whether 2 blocks from home or across the country. The use of the trailer or proximity to “home” has no bearing on safety considerations.
I just want to know what the heck a “transfer truck” is.
is there any body out there that can give me some insight on axel weight and tire ratings laws i have a new trailer and it has 3500 pd axels and the gvwr and tires are rated at 7280 pd and my my gvwr is at 7680 pd i need help on finding laws on the reg.
Before there can be Regulations there must be Standards! Without Standards there can be No regulations!
The vast majority of Trailers of the RV variety Sold in North America have Electric Brakes. I must presume that There has been some type of D.O.T. or M.O.T. approval given to ensure that the Braking system’s meet or exceed a given standard.
This would apply to the Foundation Brakes as well as the Controllers.
There is a requirement that safety chains or cables must be used to protect against an accidental disconnection from the towing vehicle as well there is supposed to be an automatic application of the Braking mechanism in the event of separation.
When it comes to Automobiles “In Tow” there are No Standards covering the various Auxiliary Braking Systems OR The Tow Bars! None of this hardware has been Inspected -Tested-Or Approved . So therefore No Governing Body can mandate or enforce the use of any such equipment!
The Only Regulations that I can find treat these Towed Vehicles the same as a Common Utility Trailer! That is to say they must have safety cables or chains and may not exceed a certain (Percentage) weight before requiring brakes. This of course makes no sense whatsoever under the circumstances.
There are now thousands of Motor homes Towing Thousands of Cars-Trucks etc . Isn’t it time for some recognition and shouldn’t these “Braking Systems” and “Tow Bars” be subject to some sort of Safety Standards. I’m sure that Most of what’s out there would Pass muster, although there are also some that might Not.
Obviously some Combination’s don’t require any further “Normal”Braking than they already have but All require a Safe Tow Bar that is correctly attached to the Towed vehicle and the Towing Vehicle as well as Safety Chains or Cables.
And in the event that the Towed Vehicle does somehow become disconnected an AutomaticSystem needs to be incorporated to Bring the lost towed vehicle to a stop.
So back to the question “Are Towing Laws Outdated” My response is Yes!
I have a Class A motorhome. If I have a Brake Buddy installed in my toad do I need safety chains in addition
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