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Brake Requirements on Mobile Homes - Driveaway/Towaway

Entry DateJuly 27, 2023
Issue Number23-033-VEH
NameThomas Johnson
AgencyIndiana State Police
Address52422 county road 17Bristol, IN, 46507United StatesMap It (opens in a new tab)
Phone574-248-0037
Email[email protected]
CommitteeVehicle Committee
StatusClosed
Summary of Issue

I have a question’s about brake requirements. A truck tractor pulling a Mobile home 16 feet wide by 80 feet long operating with an oversized permit 6 axles on trailer and an estimated weight 20,000lbs – 50,000lbs. Manufacturer has made the chassis with brakes on some of the axles but not all axles. Example-There are electric brakes on 2 of the 6 axles, some mobile homes only have 1 axle with electric brakes. The trailer chassis is part of the house. The mobile homes are transported from the manufacturer to the mobile home community or purchaser. Does this operation fall under Driveaway-Towaway Operation? Driveaway-towaway operation means an operation in which an empty or unladen motor vehicle with one or more sets of wheels on the surface of the roadway is being transported: (1) Between vehicle manufacturer's facilities; (2) Between a vehicle manufacturer and a dealership or purchaser; (3) Between a dealership, or other entity selling or leasing the vehicle, and a purchaser or lessee; (4) To a motor carrier's terminal or repair facility for the repair of disabling damage (as defined in this section) following a crash; or (5) To a motor carrier's terminal or repair facility for repairs associated with the failure of a vehicle component or system; or (6) By means of a saddle-mount or tow-bar This operation is connected to truck tractor by ball hitch. Does this require breakaway device? Does this operation require to have functioning brakes on all axles ? If only 2 of 6 axles have brakes, are the 2 axles with brakes required to be operational? Under 393.42( brakes required on all wheels). I saw the exception under 393.42(b)(2). On roadside I am not sure how I would know if the combination would meet the 393.52 brake performance requirements.

Justification or Need

I am looking for guidance for enforcement. I have received different answers as to whether it meets the definition of a driveway/towaway. If the manufacturer equips the mobile home with brakes on two axles, Is it then expected that those brakes have to work to meet 393.52?

Request for Action

As soon as possible