View Full Version : WA Trailer Brake Law - both axles. Great...
bergermaister
03-05-2014, 06:29 PM
Just learned something new. My trailer is due for a little more love: inspect/replace bearings, seals, brakes, etc. Decided to call around and see how much it would be to just bring it in and be done vs DIY.
Guy at the first shop told me I'm illegal only having brakes on the front of my tandem axle. WA State requires for anything over 3,000 gross weight that all wheels touching the ground have brakes. Not sure when that law came into effect or if there are any exemptions. Mine is a 2001 and came from Oregon which doesn't have this law so maybe?
Option 1 - new dual axle surge brakes setup = $2k range.
Option 2 - convert to dual axle electric brake setup (drums) = $1k range.
Really? :mad:
From just a brief bit of web research this is definitely the law. Not sure if there are exemptions allowed or not. Rumors are that if you got in a wreck, you would be liable and since the trailer is not up to spec that your insurance may be null and void.
REALLY? :mad::mad:
Anyone else know the details on this and if any exceptions are allowed?
Anyone else here from WA with a tandem just realizing "Ah #$%&!, I only have brakes on one axle..."
zabooda
03-05-2014, 06:45 PM
http://apps.leg.wa.gov/rcw/default.aspx?cite=46.37.340
Read it and weep.
mmandley
03-05-2014, 06:55 PM
From the way I understand it is, if the trailer was sold in WA it has to meet these laws.
I would actually call DMV and explain that the trailer was bought in OR and from the factory it didn't come like that. Some states will have a grandfather law, or you can get a permit to continue on the way you are now.
viking
03-05-2014, 06:57 PM
Option #3 - Ditch an axle and convert it to single axle trailer. DONE!
Really couldn't resist Berg. Sorry. But I do sympathize with you and would be a bit put out myself if I was in your position. Maybe time to upgrade to a new boat/trailer combo?
bergermaister
03-05-2014, 07:07 PM
trailer was bought in OR and from the factory it didn't come like that. Some states will have a grandfather law, or you can get a permit to continue on the way you are now.
That's what I'm hoping for.
Just stumbled across a nearly complete 4 wheel disc kit for $650 - not bad, but still a lot of work involved, if it would even fit. Ugh - can nothing be easy?!
New boat/trailer maybe after a new house, new rv, new suv, new new new.... Mama's got a priority list.
Right now I'd just settle for new bearings and brakes.
zabooda
03-05-2014, 09:01 PM
Actually all trailers have to comply. "Every motor vehicle, trailer, semitrailer, and pole trailer, and any combination of such vehicle operating upon a highway within this state shall be equipped with brakes in compliance with the requirements of this chapter."
That is one reason you see trucks stopped by those DOT vans. You can get by unless there was an accident that could be attributed to the trailer braking. Very doubtful.
kaneboats
03-06-2014, 10:38 AM
Hmmmm. I don't know how enforceable it is. There was a case about mud flaps one time and the particular state's statute was found to be too much of a limitation on interstate commerce. But, if you are a resident I don't know how much that helps. Plus you might have to take it pretty high up ($$$$$). Might be easier to comply.
Edit: A little background:
http://en.wikipedia.org/wiki/Bibb_v._Navajo_Freight_Lines,_Inc.
kaneboats
03-06-2014, 10:49 AM
Wow, look at the dispartity between the states:
https://drivinglaws.aaa.com/laws/trailer-brakes/
bergermaister
03-06-2014, 11:01 AM
Talked to my bro, Mr Popo, and he didn't have a clear answer (he's city, not state trooper). At any rate he said this part bolded could leave a little to interpretation:
(3) Brakes on all wheels. Every vehicle shall be equipped with brakes acting on all wheels except:
(a) Trailers, semitrailers, or pole trailers of a gross weight not exceeding three thousand pounds, provided that:
(i) The total weight on and including the wheels of the trailer or trailers shall not exceed forty percent of the gross weight of the towing vehicle when connected to the trailer or trailers:
GVWR on my truck is 11,200. 40% of that is 4,480. Combined weight of the boat 3250 & trailer 1000+? is roughly 4250-4500 on paper anyway. Haven't had it weighed. Not sure if this has any bearing or is applicable to me or not.
I'm probably just paranoid but have realized the older I get, sometimes that can be a good thing...
drb59
03-06-2014, 11:21 AM
Do the newer dual axle trailers come with brakes on all four wheels? I will have to check mine tonight.
kaneboats
03-06-2014, 11:30 AM
If not they really ought to be. Sure looks like there is a majority of states now that require it.
jstenger
03-06-2014, 12:41 PM
http://apps.leg.wa.gov/rcw/default.aspx?cite=46.37.340
Read it and weep.
Not to stir the pot any more, but if you read farther down under section 4, WA law also states that you must have automatic brakes on all trailers over 3000 pounds. As far as I know, automatic brakes are not available on surge brake systems.
mikenehrkorn
03-06-2014, 12:53 PM
Wouldn't surge brakes be considered automatic?? You don't have to do anything but stop the tow vehicle and they automatically engage (assuming no lockout pin). Though I guess if the trailer completely broke away from the tow vehicle then they wouldn't engage.....hmmmmm
uniwarking
03-06-2014, 12:53 PM
I think trailer manufacturers and owners have been side skirting this requirement in many states for some time. I'm certain Iowa's law is written similarly in that surge brakes really don't meet highway use requirements.
Bow and transom tie down requirements exist as well, yet you don't see those standard even on new purchases.
Sent from my iPhone using Tapatalk
mmandley
03-06-2014, 01:55 PM
Wouldn't surge brakes be considered automatic?? You don't have to do anything but stop the tow vehicle and they automatically engage (assuming no lockout pin). Though I guess if the trailer completely broke away from the tow vehicle then they wouldn't engage.....hmmmmm
As I understand it Hydraulic, and Electric brakes controlled by the in truck controller are considered Automatic, as in you do nothing during normal braking to make them activate.
Your Hydraulic has an emergency system, or it should. Mine has a secondary cable with a hook that if the trailer comes off the truck this cable pulls the brakes on 100%
On Electric brake trailers, they are required to have an on board battery back up system so if the trailer comes disconnected it also applies the brakes. Most of the time the actually house battery is that emergency battery.
When I was hauling RVs, and Boats a couple winters ago I had to carry my own battery to install on the trailer to run the emergency brakes.
mikenehrkorn
03-06-2014, 02:45 PM
Mine has a secondary cable with a hook that if the trailer comes off the truck this cable pulls the brakes on 100%
Ah yes, I forgot about that little gem -- mine has it too. So in my book that along with the surge brakes should cover it from an "automatic" perspective.
2013 Outback V
2003 SeaRay 182 -- gone but not forgotten...
bergermaister
03-06-2014, 03:26 PM
Well Damn.
As of this morning according to WA State Trooper Esquivel, no exceptions or exemptions. If the trailer is over 3,000lbs then brakes on all wheels.
Jerry at BoatMate may be hooking me up with a better solution though. He said they've been doing brakes on all axles for several years now as more states have been adopting this same law. Where it's not mandated, some dealers may have opted to lower costs by only having brakes on one axle.
Here we go....
mikenehrkorn
03-06-2014, 03:54 PM
Bummer.......I'm guessing this is not a "mod" you had on the list for this off-season -- I hope everything works out for you.
Reminds me of a time when my wife had to use a credit card to pay for a speeding ticket in another state and she was pissed that she didn't even have a shopping bag to show for the money she spent!! :)
jstenger
03-06-2014, 04:45 PM
Ah yes, I forgot about that little gem -- mine has it too. So in my book that along with the surge brakes should cover it from an "automatic" perspective.
2013 Outback V
2003 SeaRay 182 -- gone but not forgotten...
Sorry, I forgot about the little cable too.
moombadaze
03-06-2014, 06:08 PM
can you not just add brakes to the 2nd axle, no need to redo everything else, bet the axles have the bolt holes already, couple new rotor, calipers and a couple brake lines and should be good and legal
gregski
03-07-2014, 12:41 AM
You only picked up on one exclusion, there are 3.
Here's an excerpt from RCW 46.37.340 (http://apps.leg.wa.gov/rcw/default.aspx?cite=46.37.340)
(3) Brakes on all wheels. Every vehicle shall be equipped with brakes acting on all wheels except:
(a) Trailers, semitrailers, or pole trailers of a gross weight not exceeding three thousand pounds
<snip>
(b) Trailers, semitrailers, or pole trailers manufactured and assembled prior to July 1, 1965
<snip>
(c) Any vehicle being towed in driveaway or towaway operations, provided the combination of vehicles is capable of complying with the performance requirements of RCW 46.37.351
I think that (c) is the important one. Here's a link to RCW 46.37.351 (http://apps.leg.wa.gov/rcw/default.aspx?cite=46.37.351). Basically, it says that if your truck/trailer combo can generate enough braking force, then your are exempt from the "brakes acting on all wheels" requirement. Here is the summary definition of "enough force" for a truck with trailer:
generate braking force greater than 43.5% of gross weight
decelerate faster than 14 ft/s^2
do 20-0 mph in less than 40 ft
I don't know for sure but I'd wager a bet that the boat manufacturers have analyzed the braking system and determined that brakes acting on only a single axle can meet this independently of the truck (i.e. the brakes generate at least this much force on their own and don't depend on any part of the truck breaks to meet this requirement) I can't figure any other way that the boat manufacturers could legally sell them otherwise.
If I were in WA, I would feel comfortable that my Moomba on its tandem axle trailer with single axle brakes was legal.
bergermaister
03-07-2014, 03:18 PM
Perhaps, but keep in mind mine is 13 going on 14 yrs old and came from another state that doesn't have this law. I don't know if I'd want to jump through any hoops to prove the stopping capability. If I ever were in a sticky situation I don't want to have to explain why I only have them on the front when you know they're going to be telling me otherwise. Plus the added stopping power definitely can't hurt.
So far the parts list direct from BoatMate is starting to look a little better than the original sticker shock I was facing. But definitely not what I had in mind.
Daze - yes, the plan of attack right now is to rebuild the fronts and add a kit with mounts, calipers, rotors, etc to the rear axle and extend lines to plumb them in. Probably going to end up replacing/upgrading the entire front actuator in the process as well.
zabooda
03-07-2014, 05:05 PM
A few people I talked to only have brakes on two wheels so I think you are in company with a lot of others.
bergermaister
03-07-2014, 05:19 PM
A few people I talked to only have brakes on two wheels so I think you are in company with a lot of others.
If it were you - what would you do?
jstenger
03-07-2014, 07:30 PM
I wonder if this would be covered under a "Grandfather Clause" just like older cars that didn't come with seat belts. Law does not require you to add anything that wasn't required when something was built.
bergermaister
03-07-2014, 07:47 PM
I asked the State Patrol that specifically and they said no. No exceptions. Well, unless it was pre 1965.
jrobb
03-08-2014, 01:10 AM
that is interesting, i have never checked my trailer to see if only one axel has breaks. i do have disc breaks so it stops well and the guy i got the boat from had only towed it once to eastern wa since he had bought it new. i will have to take a look at them to see if both axels have them or not.
kaneboats
03-08-2014, 02:25 AM
If it were you - what would you do?
I would not be afraid of a ticket. I usually tow with a loaded down Suburban that can stop quickly, especially with the help from my single axle trailer brakes. Most cops are too fat to bend down and start examining trailer brakes. I guess it depends on how far you tow and what kind of roads. Here, it's very flat. I take some pretty rural roads to where I launch. And, you should see the ridiculous crap that everybody else is towing. I wouldn't sweat it here. But, if you are close on your tow vehicle, tow far, have major elevation changes, etc., it might be worth adding another axle worth of brakes just to be sure you are safe. Especially if your cops are major "ricks" in your area.
wolfeman131
03-08-2014, 09:49 AM
Just buy 2 of these and fake it
http://i530.photobucket.com/albums/dd344/wolfeman131/56794d395657961de380ce01eaef4391.jpg
kaneboats
03-08-2014, 11:30 AM
Heh, heh, heh. That would work great going down the mountain.
rdlangston13
03-08-2014, 02:55 PM
Take the batteries out and you have excellent stopping power!
Sent from my iPhone
drb59
03-08-2014, 04:06 PM
I checked my 2008 trailer and it has brakes on all four wheels. I spoke with the Moomba rep at our boat show today and he said that trailers into Canada have had to have different lighting and other items to comply with our laws.
gregski
03-08-2014, 06:07 PM
Does SC sell a different configuration for WA? I don't know for sure, but I seriously doubt it. For one, it's a complication. They would rather have the same thing be able to go everywhere, like how all new cars meet CA emissions. (It doesn't surprise me that it has to be different for Canada though - the laws between countries are different, not the same plus something extra) Secondly, they wouldn't want to risk any liability if a WA "illegal" trailer from OR was in an accident in WA. It would be too risky to think that just because they didn't sell it in WA it would never be used in WA - sure, the owner is responsible for knowing and complying with the law but in our sue-happy society SC would at least put a warning on the VIN tag that said "not legal for use in WA" or similar.
The more I think about it, the more confident I am that you are fine as is. If you want to dig deeper, I would contact SC and ask them if your trailer is legal to use in WA.
zabooda
03-09-2014, 12:47 AM
The Popo will always cite the laws but ask them how often they cite someone for not having brakes on all four wheels and the circumstances behind it. It probably doesn't happen very often. If you would take a poll either here or at a boat launch and ask people how many wheels have braking capability on their dual axle trailer without looking and you would get about 80% who don't have a clue. You are entitled to be as clueless as anyone else so I wouldn't worry about it as you have a large tow vehicle. Of course, being clueless doesn't work when you have an accident that was caused by inadequate braking. Attorneys jump on things like that.
bergermaister
03-09-2014, 01:45 PM
I'm sure a large % of the population doesn't have a clue about their trailer. And I'm not worried about a roadside or launch side ticket. Only thing nagging me is if we ever did get in a bender and some sue-happy dipshit's lawyer finds that I was technically illegal for not having all the brakes WA requires.
I'm sure the F350 would stop it just fine but I do recall a time when our Expedition got pushed into an intersection on wet pavement when the light went green-yellow-red in about 1/2 second. Then again it might have done that with any vehicle doing that panic stop on the wet road. Also another Expedition or maybe Tahoe may be in our future as an occasional tow vehicle again.
I talked to BoatMate directly and they understandably do not want to be in a position to interpret the law for you with a trailer going from one state to another state with different laws.
Powered by vBulletin® Version 4.2.5 Copyright © 2024 vBulletin Solutions Inc. All rights reserved.