Ambiguous Ohio Brake Laws

[airdvr1227]

I'm getting a multitude of answers, even from the State Highway Patrol. When do I need brakes on my trailer in Ohio?

So far I've gotten

a. when the trailer weighs more than 2000#

b. When the trailer weighs more than 4000# (State Trooper's answer)

c. when the combined weight of boat and trailer exceeds 2000#

I'm pretty sure the correct answer is C. But I can't find documented information to back it up.

 

[MH Hawker]

Re: Ambiguous Ohio Brake Laws

I would talk to a boat dealer who sells boats and trailers, I am sure they have it sorted out., It is my understanding that boat and trailers over 3000 pounds need breakes.

 

[airdvr1227]

Re: Ambiguous Ohio Brake Laws

lol...I work for a dealer. We think we know the correct answer but can't find verification. I can find websites that say (a) and I can find webistes that say (c).

BTW, 3,000# is incorrect.

 

[lncoop]

Re: Ambiguous Ohio Brake Laws

That's funny. About this time last year I was trying to decide whether to repair or remove the brakes on my trailer. I called AHP and a very nice gentleman actually took the time to look it up for me. As it turned out it's none of the above. Any trailer with a GVWR of 3500 pounds is required to have brakes, which is pretty silly IMO, because lots of utility trailers have that capacity but never even approach that kind of weight when being towed. I know that doesn't help you at all, but I did find it interesting.

 

[UncleWillie]

Re: Ambiguous Ohio Brake Laws

The Ohio Revised Codes are available HERE

ORC 4513.20 Brake equipment for vehicles.
(5) Every watercraft trailer with a gross weight or manufacturer?s gross vehicle weight rating of three thousand pounds or more that is manufactured or assembled on or after January 1, 2008, shall have separate brakes equipped with hydraulic surge or electrically operated brakes on two wheels.

--------------------------------------------

And accordiing to (7) you can't park it on the street unless it was attached to the truck if your trailer does not have Parking Brakes!
But I guess the the Emergency/Breakaway brakes would qulaify!

 

[dmccaffrey]

Re: Ambiguous Ohio Brake Laws

From the actual Ohio code (Title 45, Chapter 4513) See: http://http://codes.ohio.gov/orc/4513.20

4513.20 Brake equipment for vehicles.

(A) The following requirements govern as to brake equipment on vehicles:

(1) Every trackless trolley and motor vehicle, other than a motorcycle, when operated upon a highway shall be equipped with brakes adequate to control the movement of and to stop and hold such trackless trolley or motor vehicle, including two separate means of applying the brakes, each of which means shall be effective to apply the brakes to at least two wheels. If these two separate means of applying the brakes are connected in any way, then on such trackless trolleys or motor vehicles manufactured or assembled after January 1, 1942, they shall be so constructed that failure of any one part of the operating mechanism shall not leave the trackless trolley or motor vehicle without brakes on at least two wheels.

(2) Every motorcycle, when operated upon a highway shall be equipped with at least one adequate brake, which may be operated by hand or by foot.

(3) Every motorized bicycle shall be equipped with brakes meeting the rules adopted by the director of public safety under section 4511.521 of the Revised Code.

(4) When operated upon the highways of this state, the following vehicles shall be equipped with brakes adequate to control the movement of and to stop and to hold the vehicle, designed to be applied by the driver of the towing motor vehicle from its cab, and also designed and connected so that, in case of a breakaway of the towed vehicle, the brakes shall be automatically applied:

(a) Except as otherwise provided in this section, every trailer or semitrailer, except a pole trailer, with an empty weight of two thousand pounds or more, manufactured or assembled on or after January 1, 1942;

(b) Every manufactured home or travel trailer with an empty weight of two thousand pounds or more, manufactured or assembled on or after January 1, 2001.

(5) Every watercraft trailer with a gross weight or manufacturer’s gross vehicle weight rating of three thousand pounds or more that is manufactured or assembled on or after January 1, 2008, shall have separate brakes equipped with hydraulic surge or electrically operated brakes on two wheels.

The important part for you is Section 5 which states that you need brakes on boat trailer with a gross weight rating of 3000 lbs. Note that is the rating of the trailer, not the actual weight of boat & trailer.

Oh yeah, your number A is also correct.

 

[UncleWillie]

Re: Ambiguous Ohio Brake Laws

If I read all the parts correctly, brakes are required in Ohio if the ...

Empty Trailer weight exceeds 2000 lbs. (Tare)
Gross Trailer weight exceeds 3000 lbs. (Gross)
Gross Trailer Rating exceed 3000 lbs. (MGVWR)

 

[JB]

Re: Ambiguous Ohio Brake Laws

Anyone who has had to do an emergency maneuver or stop with a trailer that weighs over about half of the tow vehicle weight will want trailer brakes.

It's called the law of survival.

 

[UncleWillie]

Re: Ambiguous Ohio Brake Laws

Anyone who has had to do an emergency maneuver or stop with a trailer that weighs over about half of the tow vehicle weight will want trailer brakes.

It's called the law of survival.

Agree +1

If the laws were logical, any thing over 1000lbs should have brakes.
99% of the time you will not need them.
But when you do need them, you need them BADLY!

Yes! I know, the words "Laws" and "Logical "do not belong in the same sentence!

 

[H20Rat]

Re: Ambiguous Ohio Brake Laws

just a FYI, but its a little known fact that officers of the law are under no legal obligation to inform you of the law, or if they do, that it is even correct. I have no idea why, but I've known some LE's that were almost offended if you asked them, and would intentionally give the wrong answer.

In the case above, the chances of any law enforcement officer ever having to write a ticket for a boat trailer without brakes is pretty much zero. They simply wouldn't have ever needed to look at, reference, or even know the lower limit for trailer brakes.

 

[dockwrecker]

Re: Ambiguous Ohio Brake Laws

[important part for you is Section 5 which states that you need brakes on boat trailer with a gross weight rating of 3000 lbs. Note that is the rating of the trailer, not the actual weight of boat & trailer.

Oh yeah, your number A is also correct.[/QUOTE]

Uhhh...No. Gross weight IS the boat and trailer.

 

[MH Hawker]

Re: Ambiguous Ohio Brake Laws

Looks correct to me.

 

[UncleWillie]

Re: Ambiguous Ohio Brake Laws

...important part for you is Section 5 which states that you need brakes on boat trailer with a gross weight rating of 3000 lbs. Note that is the rating of the trailer, not the actual weight of boat & trailer.

Oh yeah, your number A is also correct.

Uhhh...No. Gross weight IS the boat and trailer.

Disagree and Agree!

Agree... Gross weight rating IS the boat and the trailer!

Disagree... Gross weight Rating IS NOt the weight of the boat and the trailer.
Gross weight Rating is the gross weight the trailer is RATED to carry . NOT the actual Weight (Load)!


An Ohio Example.
A Boat trailer has been re-purposed to cary a PWC.
The Title and Registration indicate the Manufacturer originally certified a Gross Vehicle Weight Rating of 3800 lbs. (MGVWR)

The empty Trailer weight is 500lbs. (Tare)
The PWC weights 900 lbs. (Net)
The gross weight is 500+900= 1400 lbs (Gross)

The Test .....
Empty Trailer weight exceeds 2000 lbs. (Tare) = 500 lbs... Brakes Not required.
Gross Trailer weight exceeds 3000 lbs. (Gross) = 1400 lbs... Brakes Not required.
Gross Trailer Rating exceed 3000 lbs. (MGVWR) = 3800 Lbs... Brakes REQUIRED!

This trailer requires Brake according to the Law.

 

[airdvr1227]

Re: Ambiguous Ohio Brake Laws

I'm thinking you're beginning to understand the confusion. Of the 3 answers I received NONE were correct.

 

[UncleWillie]

Re: Ambiguous Ohio Brake Laws

I'm thinking you're beginning to understand the confusion. Of the 3 answers I received NONE were correct.

Actually "A" is a correct answer.
---------------------------------

a. when the trailer weighs more than 2000# TRUE! *****
Empty Trailer weight exceeds 2000 lbs. (Tare)

b. When the trailer weighs more than 4000# (State Trooper's answer) FALSE!
Empty Trailer weight exceeds 2000 lbs. (Tare)

c. when the combined weight of boat and trailer exceeds 2000# FALSE!
Gross Trailer weight exceeds 3000 lbs. (Gross)

 

[Outsider]

Re: Ambiguous Ohio Brake Laws

a. when the trailer weighs more than 2000# TRUE! *****

Uhhh, better read 4513.20 (A)(4)(a) again, it says "Except as otherwise provided in this section,". Watercraft trailers are provided for in (A)(5), therefor (A)(4)(a) is not applicable ...

 

[UncleWillie]

Re: Ambiguous Ohio Brake Laws

a. when the trailer weighs more than 2000# TRUE! *****

Uhhh, better read 4513.20 (A)(4)(a) again, it says "Except as otherwise provided in this section,". Watercraft trailers are provided for in (A)(5), therefor (A)(4)(a) is not applicable ...

Don't we just love trying to interpret the laws.

You could argue that "This Section" applies to all of ORC4513 section 20. (Your Argument)

Or you could argue that "This Section" only applies to ORC4513.20 section (A)4 which has a part a and b.
and is meant to exempt the b part from the a part which has the same weight specification but a different effective date for RVs. (My Argument)

Or you could argue that "This Section" applies to all of ORC4513 section 20 but only in reference to Trailer Weights (Tare).
And that Section 5 addresses Gross Weights, so is exempt from the Exception. (Another Argument)

Now I know what is meant by, "You Be The Judge!"

None of these arguments would likely ever come into play as it is improbable that a watercraft trailer with a Tare Weight in excess of 2000 lbs would also have a Rated Gross Weight, (or Actual Gross) of less than 3000 lbs.

Most 3000 lbs Gross Trailers are in the 600 lb Tare range.
I would expect any trailer that weighed 2000 lbs empty would be capable of at least 10,000 lbs Gross.
Therefore Secton 5 would would already be in effect.

Therefore the simple answer for the Ohio Trailer Brake question is that brakes are required if the trailer has an Actual Gross or Rated Gross of more than 3000 lbs.

 

[gdeangel]

Re: Ambiguous Ohio Brake Laws

I'm getting a multitude of answers, even from the State Highway Patrol. ...

When I called the Ohio HP last year with this same question, here's what they told me: there is no specific "required maximum weight for brakes, but you must follow your tow vehicle manufacturer's operating instructions".

Looking at the statutes others posted here, it seems he was wrong in that the 3000 Lbs. rule looks pretty clear, but, again, there may be nuances to the law: section (5) talks about trailers "MANUFACTURED after xxxx", so if are you in violation of this law if you own a trailer manufactured after the date without brakes if it's just sitting in your yard? Maybe it's a requirement for obtaining plates, but that seems NOT true because the BMV will register your trailer without caring about brakes. Note also that section (1) talks about operating on the "highway", so you might need to look at what is considered a highway...

On the other hand, there surely is a citation that the HP can give you for improper operation of a vehicle, which would be what you are doing if you tow a trailer that is too big for your vehicle.

I think if you check, you will find that the manufacturer will require you to have a brake if the GVW is over 1000/1500 lbs for most cars / SUV's. I had a Ram 1500 with tow package and I think anything over 3000 lbs was supposed to have an independent brake. Manufacturer's incentive to use a low number is that way they can say you voided your warranty and/or avoid product liability lawsuits.