Whether or not your trailer requires brakes is a matter of both federal and state law. Federal law, in short, requires brakes on all axles of the trailer when it is over 3,000 lbs. GVWR and is used for commercial purposes. State law dictates brake requirements beyond what is outlined by federal law, including non-commercial use.
Federal Brake Law:
Federal Law requires brakes be placed on axles of trailers used for a commercial purpose (with notable exceptions found below). However, understanding what a commercial use is, can be confusing.
Per 49 C.F.R. § 390.5, a commercial motor vehicle means, as pertinent to trailers, &#;any &#;towed motor vehicle used on a highway in interstate commerce to transport &#; property when the vehicle -
Has a gross vehicle weight rating or gross combination weight rating, or gross vehicle weight or gross combination weight, of 4,536 kg (10,001 pounds) or more, whichever is greater; or
Is used in transporting material found by the Secretary of Transportation to be hazardous under 49 U.S.C. and transported in a quantity requiring placarding under regulations prescribed by the Secretary under 49 CFR, subtitle B, chapter I, subchapter C.&#;
Of particular relevance for trailers in the definition is the requirement that the GVWR or GCWR be 10,001 lbs. or more. This means that in order to come within the definition of a commercial motor vehicle subject to the regulations of FMCSA, either the trailer by itself or the combined GVWR of the trailer and tow vehicle combination must be 10,001 lbs. or more.
Examples of Commercial Purposes:
FMCSA does not provide an express definition of &#;commercial&#; or commercial use; however, examples of trailers that could be considered for commercial use are those used for compensation or earning profits, including, but not limited to, uses such as transporting freight, operating landscaping and construction businesses, and populating city and county trailer fleets. Another common, but often overlooked potentially commercial use is transporting show horses or livestock when prize money, a form of compensation, is at stake.
Any commercial trailer meeting the above definition must comply with 49 C.F.R. § 393.42, requiring brakes on all wheels as specified below.
Language and Exceptions:
49 C.F.R. § 393.42 states:
A. &#;Every commercial motor vehicle shall be equipped with brakes acting on all wheels. This requirement also applies to certain motor vehicles being towed in a driveaway-towaway operation, as follows:
Any motor vehicle towed by means of a tow-bar when another motor vehicle is full-mounted on the towed vehicle; and
Any saddlemount configuration with a fullmount.&#;
B. &#;Exception.
Trucks or truck tractors having three or more axles and manufactured before July 25, , are not required to have brakes on the front wheels. However, these vehicles must meet the requirements of § 393.52.
Motor vehicles being towed in a driveaway-towaway operation (including the last truck of triple saddle-mount combinations (see § 393.71(a)(3)) are not required to have operative brakes provided the combination of vehicles meets the requirements of § 393.52.
Any semitrailer or pole trailer (laden or unladen) with a gross weight of 1,361 kg (3,000 pounds) or less which is subject to this part is not required to be equipped with brakes if the axle weight of the towed vehicle does not exceed 40 percent of the sum of the axle weights of the towing vehicle.
Any full trailer or four-wheel pole trailer (laden or unladen) with a gross weight of 1,361 kg (3,000 pounds) or less which is subject to this part is not required to be equipped with brakes if the sum of the axle weights of the towed vehicle does not exceed 40 percent of the sum of the axle weights of the towing vehicle.
Brakes are not required on the steering axle of a three-axle dolly which is steered by a co-driver.
Loaded housemoving dollies, specialized trailers and dollies used to transport industrial furnaces, reactors, and similar motor vehicles are not required to be equipped with brakes, provided the speed at which the combination of vehicles will be operated does not exceed 32 km/hour (20 mph) and brakes on the combination of vehicles are capable of stopping the combination within 12.2 meters (40 feet) from the speed at which the vehicle is being operated or 32 km/hour (20 mph), whichever is less.&#;
If 49 C.F.R. § 393.42 requires brakes on commercial-use trailers, then 49 C.F.R. § 393.40 also requires the brakes to be &#;adequate to stop and hold the vehicle or combination of motor vehicles&#; and the vehicle to &#;meet the applicable service, parking, and emergency brake system requirements provided in [§ 393.40].&#;
State Brake Laws:
Brake laws vary greatly by state. To find an up-to-date list of laws by state visit https://drivinglaws.aaa.com/tag/trailer-brakes/. It is important to note that if you purchase a trailer from another state in which the trailer will be registered and/or primarily used, you will want to ensure the trailer meets the appropriate laws of the state in which it will be registered or primarily used.
Brake Types:
Trailer brakes can be hydraulic (surge), electric, or both. All trailer brake systems must incorporate a trailer breakaway brake system that activates when the brakes detach. Just as your brakes require regular maintenance, so too does your breakaway system.
Electric Brakes:
Electric brake systems require the use of an electric brake controller in the cab of the tow vehicle. In short, when the tow vehicle brake pedal is engaged, the electric brake controller engages the trailer brakes.
It is important to note that electric brake controllers provide a modulation function that varies the current to the electric brakes in proportion to the deceleration of the tow vehicle. This is important because the braking of the tow vehicle and the trailer needs to be synchronized to ensure proper distribution. Synchronization is accomplished by adjusting the &#;gain&#; on the tow vehicle controller. With the tow vehicle hooked up to the trailer, make several hard stops on dry pavement. If the trailer&#;s brakes skid or are too sensitive, decrease the gain on the brake controller. If they do not skid, slightly increase the gain setting until they have reached a desired braking point. This adjustment will need to be made with each varied trailer load. A heavier trailer will require more gain than a lighter trailer. A lighter trailer with brakes synchronized to a fully loaded trailer, will probably lock-up easily with only minimally commanded deceleration.
Electric brakes are very efficient, reliable and can be controlled by the operator from inside the tow vehicle. The draw back is the tow vehicle must have a &#;brake controller&#; installed. If the tow vehicle is not equipped with a controller unit, the vehicle cannot actuate the brakes and should not be used to tow a trailer with electric brakes.
Hydraulic Brakes:
Hydraulic or surge brakes function through the use of a special coupler on the trailer that compresses a piston in a hydraulic cylinder when the tow vehicle decelerates and the trailer surges forward. When this occurs, brake fluid is then forced to the brake assembly on each wheel. Because hydraulic brakes are entirely self-contained, any tow vehicle can use a trailer with a hydraulic brake assembly.
It is important to note that some states and the Federal Motor Carriers Safety Administration have placed limitations on the use of surge brakes for commercial vehicles. These limitations surround the GVWR of the trailer as it compares to the GVWR of the tow vehicle.
Electric-Over-Hydraulic Brakes:
Electric-over-hydraulic brakes are a hybrid system that actuates when the brakes of the tow vehicle are engaged and the trailer surges forward. The key difference is the actuator in this combination is electric, providing little to no lag time due to an instant application. This system is used most often on trailers like large horse trailers and boat trailers. It is important to note that the system cannot be submerged (though they are built to withstand rain) so users will need to be careful if using these for hauling boats.
Electrical Breakaway Brake System Batteries
Goto Haiheyuan to know more.
Per Part 393.43 (d) of the Federal Motor Carrier Safety Regulations: Breakaway braking requirements for trailers states: &#;Every trailer required to be equipped with brakes shall have brakes which apply automatically and immediately upon breakaway from the towing vehicle. The brakes must remain in the applied position for at least 15 minutes.&#; The last statement is found in most state&#;s trailering statutes. Therefore, regardless of the application (i.e. commercial or personal use), the breakaway battery should be able to keep the electric brakes applied for 15 minutes.
The Motor Carrier Safety Improvement Act of went into effect on January 1, , after being introduced in the House just 60 days prior. The bill signified a measurable shift in the way the federal government handled and processed its commercial vehicle safety and compliance standards. This date also marked the birth of the Federal Motor Carrier Safety Administration (FMCSA), an organization working under the umbrella of the Department of Transportation. The introduction of the FMCSA helped the agency to better handle the affairs of commercial vehicles, including its licensing and data and analysis, as well as its regulatory compliance and enforcement procedures.
Ever since the change, commercial vehicles have faced an unprecedented level of scrutiny, particularly in terms of safety. This is especially true for the manufacturing processes and sales of commercial trailers, because guidelines stipulated by the FMCSA under the guidance of the Department of Transportation must be followed by all applicable parties, not just their operating entities.
Because these guidelines may vary depending on the state in which the trailer is sold and/or used, the cross-departmental nature can make for confusion. To remedy this, we&#;ve compiled a guide featuring the most important DOT federal safety regulations as they relate to truck trailer manufacturers. Below, you&#;ll find an outline of the illustrated key points:
For an in-depth look at the various federal safety regulations and compliance programs for truck trailer manufacturers, read on.
We have already made mention of how the DOT and FMCSA are associated, but there is yet another federal agency that oversees the manufacturing practices of truck trailers &#; the National Highway Traffic Safety Administration (NHTSA). In its guide, Requirements for Manufacturers of Trailers Produced for Distribution Within the U.S. Market, the agency details the initial rules that trailer manufacturers are made to follow.
In the guide, manufacturers are taken through the various processes put into place to ensure their compliance, all of which must be made available prior to, during, and after the manufacturing of the applicable trailers. The key safety points are as follows:
The above information only scratches the surface, as safety compliance also covers the trailer manufacturers&#; responsibility in terms of tire selection, weight, visibility, and more. To determine, whether or not you, as a trailer manufacturer, are subject to the regulations, first get to know how the DOT defines a heavy-duty or commercial trailer. A commercial trailer is:
For more information and forms on the vehicles that constitute certification and/or importation documents, visit the NHTSA website.
As mentioned, it is compulsory for each and every truck trailer manufacturer to obtain a Vehicle Identification Number (VIN) before the sale of the piece of equipment. This is not a process that can be self-reported &#; each VIN contains a coded description that includes the trailer&#;s manufacturer name, year of production, place of production, and other specialized characteristics.
To help make the VIN distribution process more streamlined, the NHTSA contracts with a company called SAE International. It is the job of this private firm to provide manufacturers with a selected portion of the VIN, called the World Manufacturing Identifier (WMI). Without the WMI, a trailer&#;s VIN is considered incomplete.
In order to obtain a WMI, you must first begin an application with SAE International, using its online application form. Manufacturers based outside of the United States who plan on doing business with U.S. fleets must obtain and submit a Non-US WMI Application. Take note: an additional one-time fee of $525 USD must be made payable to SAE International in order to successfully obtain a Non-US WMI.
Now that the WMI has been obtained, the trailer manufacturer is ready to register its trailer&#;s VIN with the NHTSA. According to the Electronic Code of Federal Regulations Office, the General Requirements (§565.13) are as follows:
Once a VIN that includes a WMI provided by SAE International is affixed to the vehicle, the trailer manufacturer must register the VIN with the NHTSA at least 60 days prior to the first sale of the trailer. There is currently no online portal available for this task. Instead, manufacturers must send the above information, along with any other applicable forms, to:
Administrator, National Highway Traffic Safety Administration
New Jersey Avenue, SE
Washington, DC
Attention: VIN Coordinator
In terms of data plate material, it is recommended that manufacturers select one that is built tough enough to withstand abrasion, UV exposure, and harsh weather elements. Metalphoto® photosensitive anodized aluminum is the top choice for identification and asset tracking purposes as its heavy-duty enough to display the information, even with frequent exposure.
Ostensibly, the aforementioned guidelines might seem complex to new trailer manufacturers, considering manufacturers must abide by all regulations with a number of different agencies before the trailer even hits the road. Because of this, some trailer manufacturers decide to consult third-party firms to ensure that they are in full compliance throughout the building, sales, and maintenance processes.
One such firm is the National Association of Trailer Manufacturers (NATM) Compliance Verification Program. NATM requires all of its member manufacturers undergo the program. In it, the members are provided a compendium entitled, Guidelines for Minimum Recommended Manufacturing Practices (Guidelines), a guide which is meant to provide easy access of the current federal regulations. In addition to this, members are also awarded technical support, as well as a biennial consultation that focuses, specifically, on the compliance of FMCSA safety standards.
According to NATM, each consultation comes with an up-to-date checklist featuring important trailer safety considerations, such as:
In the FMCSA&#;s Conspicuity Requirements for Commercial Vehicles, the agency provides a long list of lighting safety guidelines for trailers manufactured on or after December 1, . This forces all trailer manufacturers to install red and white retroreflective sheeting and/or reflex reflectors to specific areas of the vehicle.
When purchasing this specialized sheeting, the trailer-maker must also ensure that it is manufactured by a firm that is FMVSS-certified (Federal Motor Vehicle Safety Standard-certified). This will be made evident by an &#;FMVSS No. 108&#; marked on the product. Any and all conspicuity materials that are in compliance with FMCSA will be labeled as such:
Trailers manufactured after December 1, must adhere to a strict range of conspicuity treatments on the sides of the trailer, the lower rear area of the trailer, and the upper rear area of the trailer. All rules concerning specific placement are stipulated in the Conspicuity Requirements for Commercial Vehicles guide. Manufacturers must carefully consult this information and conform to it depending upon the unique dimensions of the trailer.
Additionally, if the trailer exceeds 10,000 lbs., it may need further conspicuity treatments in the form of clearance lights, identification lights, brake lights, marker lights, and even license plate lights depending upon the state in which the trailer is operating. Manufacturers must reference all corresponding conspicuity treatment information as part of its safety compliance process.
In FMCSA&#;s Section § 393.201: Frames, trailer manufacturers must pay close attention to §393.43 Breakaway and emergency braking. This section provides important information on the required braking systems for trucks towing trailers equipped with brakes:
(a) Towing vehicle protection system. Every motor vehicle, if used to tow a trailer equipped with brakes, shall be equipped with a means for providing that in the case of a breakaway of the trailer, the service brakes on the towing vehicle will be capable of stopping the towing vehicle. For air braked towing units, the tractor protection valve or similar device shall operate automatically when the air pressure on the towing vehicle is between 138 kPa and 310 kPa (20 psi and 45 psi).
(b) Emergency brake requirements, air brakes. Every truck or truck tractor equipped with air brakes, when used for towing other vehicles equipped with air brakes, shall be equipped with two means of activating the emergency features of the trailer brakes. One of these means shall operate automatically in the event of reduction of the towing vehicle air supply to a fixed pressure which shall not be lower than 20 pounds per square inch nor higher than 45 pounds per square inch. The other means shall be a manually controlled device readily operable by a person seated in the driving seat. Its emergency position or method of operation shall be clearly indicated. In no instance may the manual means be so arranged as to permit its use to prevent operation of the automatic means. The automatic and manual means required by this section may be, but are not required to be, separate.
(c) Emergency brake requirements, vacuum brakes. Every truck tractor and truck when used for towing other vehicles equipped with vacuum brakes, shall have, in addition to the single control required by §393.49 to operate all brakes of the combination, a second manual control device which can be used to operate the brakes on the towed vehicles in emergencies. Such second control shall be independent of brake air, hydraulic, and other pressure, and independent of other controls, unless the braking system be so arranged that failure of the pressure on which the second control depends will cause the towed vehicle brakes to be applied automatically. The second control is not required by this rule to provide modulated or graduated braking.
(d) Breakaway braking requirements for trailers. Every trailer required to be equipped with brakes shall have brakes which apply automatically and immediately upon breakaway from the towing vehicle. With the exception of trailers having three or more axles, all brakes with which the trailer is required to be equipped must be applied upon breakaway from the towing vehicle. The brakes must remain in the applied position for at least 15 minutes.
(e) Emergency valves. Air brake systems installed on towed vehicles shall be so designed, by the use of &#;no-bleed-back&#; relay emergency valves or equivalent devices, that the supply reservoir used to provide air for brakes shall be safeguarded against backflow of air to the towing vehicle upon reduction of the towing vehicle air pressure.
(f) Exception. The requirements of paragraphs (b), (c) and (d) of this section shall not be applicable to commercial motor vehicles being transported in driveaway-towaway operations.
Though the above rules might not always be an applicable compliance issue for all truck trailer manufacturers, they illustrate the responsibility of the trailer-maker; all should make inquiries about their customers&#; vehicles so that dangerous pairings are not established.
For more information on how to stay on the right side of trailer manufacturing and safety compliance laws, visit the following resources:
Contact us to discuss your requirements of Hydraulic Modular Trailer Specifications. Our experienced sales team can help you identify the options that best suit your needs.