OOSC, Part II, Item 3. Coupling Devices - 393.71 - Driveaway-Towaway

We had a manufacturer of specialty towing equipment reach out to us regarding one of their setups a carrier was using during a roadside inspection. The combination stopped was a truck tractor pulling another truck tractor, the towed unit was being pulled from the rear with the drive axles off the ground and the steer axle in contact with the ground. The towing unit uses its fifth wheel and the towed unit is connected via a wrecker type connection. The Troopers have advised that the combinations have met the definition of a driveaway tow away operation. Some of the coupling methods used roadside do not appear to be set up per the manufacturer’s recommendation either. The issues that came up is, does the setup that they are marketing meet the requirements of a coupling device that can be used under 393.71?. We found an issue request (19-006-VEH) for safety chains that is a similar setup that says the setup does not meet the definition of a tow bar and thus does not need safety chains. The manufacturer also said it is not a tow bar but considers it a wrecker attachment. Issue requests 20-017 VEH and 12-003 VEH is clear that the vehicle being towed with wheels on the ground is not cargo and the cargo securement regulations would not apply. If we look at 393.71(g) it would not meet any of the methods used for drive away tow away operations and this method is not in the OOSC. In one of the attached photos the coupling method used has a chain that goes around the frame on the rear of the truck tractor under the rear frame crossmember and attaches to the coupling device on a set of chain hooks and gravity holding the chain down on the chain hook at the attachment point. If the towed vehicle is weighed and a smaller chain is used, we can’t use cargo securement and if it isn’t a coupling method in 393.71 what direction should be taken roadside for this situation as some instances, we believe would be an imminent hazard? Tow bar. A strut or column-like device temporarily attached between the rear of a towing vehicle and the front of the vehicle being towed.

We have seen an increase of this type of coupling method used traveling through our state. Several of the setup's traveling have not met the standards prescribed by the manufacturer. The manufacturer has even reached out for guidance. The guidance and uniform enforcement of this towing method will help to alleviate frustrations of shipments during roadside inspections.

We are requesting clarification if this type of coupling method being used is allowed for a drive away tow away operation. If it is not an approved method for a drive away tow away operation would the violation be 393.71(g) and just a violation or a violation and OOS? We believe in certain occasions during roadside inspections that an imminent hazard has existed with inadequate chains and lack of securement that certain setups should be placed OOS and have differed from what the manufacturer has recommended for the coupling method.