[Code of Federal Regulations]

[Title 49, Volume 5]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 49CFR393.42]



[Page 397-398]

 

                        TITLE 49--TRANSPORTATION

 

                      DEPARTMENT OF TRANSPORTATION

 

PART 393_PARTS AND ACCESSORIES NECESSARY FOR SAFE OPERATION--Table of 

Contents

 

                            Subpart C_Brakes

 

Sec. 393.42  Brakes required on all wheels.



    (a) Every commercial motor vehicle shall be equipped with brakes 

acting on all wheels.

    (b) Exception. (1) Trucks or truck tractors having three or more 

axles and manufactured before July 25, 1980, are not required to have 

brakes on the front wheels. However, these vehicles must meet the 

requirements of Sec. 393.52.

    (2) Motor vehicles being towed in a driveaway-towaway operation are 

not required to have operative brakes provided the combination of 

vehicles meets the requirements of Sec. 393.52. This exception is not 

applicable to:

    (i) Any motor vehicle towed by means of a tow-bar when another motor 

vehicle is full-mounted on the towed vehicle; and

    (ii) Any combination of motor vehicles utilizing three or more 

saddle-mounts.

    (3) 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.

    (4) 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.

    (5) Brakes are not required on the steering axle of a three-axle 

dolly which is steered by a co-driver.

    (6) 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.



[[Page 398]]



[GRAPHIC] [TIFF OMITTED] TR15AU05.020





[52 FR 2803, Jan. 27, 1987, as amended at 53 FR 49398, Dec. 7, 1988; 54 

FR 48617, Nov. 24, 1989; 59 FR 25574, May 17, 1994; 61 FR 1843, Jan. 24, 

1996; 70 FR 48049, Aug. 15, 2005]