[Code of Federal Regulations]
[Title 49, Volume 5]
[Revised as of October 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR393.42]

[Page 401-402]
 
                        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

[[Page 402]]

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.
[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]