Police Forum Police Head Mod: Skidmark
Questions & info about the Motor Vehicle Act. Mature discussion only. |
 | 
03-28-2011, 08:21 PM
|
#1 | | My homepage has been set to RS
Join Date: Aug 2005 Location: Kelowna
Posts: 2,163
Thanked 20 Times in 7 Posts
| got a ticket for improper trailer brakes
Hey, I am just seeing if this ticket is worth disputing or of I am in the wrong. I got pulled over at a road check with a flat deck with a quad on it. The officer gave my trailer a lookover and said I was not towing it safely and I had no choice but to get it towed. The break-away device on the trailer was broken and he claimed if the trailer came disconected it would not be able to stop in a emergency. He checked if my trailer brake controler and brakes worked, all my lights worked and my load was safely secured. Safety chains where also connected.
He gave me a ticket that states: Improper break-away device $138
Tow bill... $158
So I got looking into this. The trailer is registered for 1400kg, and under 1400kg I DO NOT NEED TRAILER BRAKES... so having a inoperable break away device should not matter as trailer brakes are not mandatory. The trailer weighs 600kg, and no way should a quad put me over the 1400.
Trailer brakes
(3) A trailer shall be equipped with brakes at each end of each axle, but brakes are not required
(a) on one axle of a house trailer that is equipped with more than 2 axles,
(b) on any axle of a trailer other than a towing dolly if the licensed vehicle weight of the trailer
(i) is 1,400 kg or less http://www.bclaws.ca/EPLibraries/bcl...ml#section5.03
__________________
LADIES!!! Tired of being alone? Going through too many batteries at bedtime? Would you like a "hand"?? Well, you're in luck!!! S.T.U.D.S IS HERE FOR YOU!!! We offer all types of services, from a basic lube, to the full service! S.T.U.D.S.
| 
|  | |
03-28-2011, 09:07 PM
|
#2 | | Retired Traffic Cop
Join Date: Oct 2001 Location: Nanoose Bay, BC
Posts: 9,025
Thanked 125 Times in 68 Posts
|
You missed a little bit, if the GVW of the trailer is less than 1,400 kg but more than 50% of the net weight of the tow vehicle then the trailer needs brakes. That would be the rest of (i) which you chose not to show and all of (ii).
Of course, if it is registered improperly that's another story.
Also, if the GVW is > 1400 kg then you are in the wrong division entirely and you need to look at Division 6 instead. I am guessing that you were ticketed under 6.07 MVAR. If you weren't, what section was it, and if you were, what was the total weight of the trailer and load at the time and how was that determined?
__________________
Have you ever met anyone that would admit to being less than a better than average driver ??
Learn more at DriveSmartBC | |
| | |
03-28-2011, 09:43 PM
|
#3 | | My homepage has been set to RS
Join Date: Aug 2005 Location: Kelowna
Posts: 2,163
Thanked 20 Times in 7 Posts
| Quote:
Originally Posted by skidmark  You missed a little bit, if the GVW of the trailer is less than 1,400 kg but more than 50% of the net weight of the tow vehicle then the trailer needs brakes. That would be the rest of (i) which you chose not to show and all of (ii).
Of course, if it is registered improperly that's another story.
Also, if the GVW is > 1400 kg then you are in the wrong division entirely and you need to look at Division 6 instead. I am guessing that you were ticketed under 6.07 MVAR. If you weren't, what section was it, and if you were, what was the total weight of the trailer and load at the time and how was that determined? | division 6.07 is for commercial vehicles is it not??. I was towing a pleasure trailer. I have the small plate, not the commercial large plate.
__________________
LADIES!!! Tired of being alone? Going through too many batteries at bedtime? Would you like a "hand"?? Well, you're in luck!!! S.T.U.D.S IS HERE FOR YOU!!! We offer all types of services, from a basic lube, to the full service! S.T.U.D.S.
Last edited by girlcrazy_420; 03-28-2011 at 09:53 PM.
| |
| | |
03-28-2011, 09:49 PM
|
#4 | | My homepage has been set to RS
Join Date: Aug 2005 Location: Kelowna
Posts: 2,163
Thanked 20 Times in 7 Posts
|
Ok, this is the division for my ticket of which I got.
6.07 (1) The service brakes with which a commercial trailer is equipped shall be of such manufacture and design and so installed and maintained that they will be applied automatically upon the separation of the commercial trailer from the vehicle by which it is being towed, and so that after such automatic application they will remain fully applied for not less than 15 minutes.
(6) This section does not apply to a motor vehicle which is being towed in a combination allowed under section 5.02 (6).
Stopping distances
5.02 (1) Every motor vehicle and every combination of vehicles shall be equipped with service brakes which, when applied, will not affect the direction of travel of the motor vehicle or combination of vehicles, and under all conditions of loading will be adequate, when the motor vehicle or combination of vehicles is travelling at a speed of 30 km/h on a substantially level, dry, smooth, hard surfaced road free of loose material where the grade does not exceed 1%, to stop the travel
__________________
LADIES!!! Tired of being alone? Going through too many batteries at bedtime? Would you like a "hand"?? Well, you're in luck!!! S.T.U.D.S IS HERE FOR YOU!!! We offer all types of services, from a basic lube, to the full service! S.T.U.D.S.
| |
| | |
03-28-2011, 09:55 PM
|
#5 | | My homepage has been set to RS
Join Date: Aug 2005 Location: Kelowna
Posts: 2,163
Thanked 20 Times in 7 Posts
|
[QUOTE=skidmark;7365455]You missed a little bit, if the GVW of the trailer is less than 1,400 kg but more than 50% of the net weight of the tow vehicle then the trailer needs brakes.[QUOTE]
I have a 1994 f150 4x4. I am insured for 5000kg according to reg. I dont know what you mean by net weight
__________________
LADIES!!! Tired of being alone? Going through too many batteries at bedtime? Would you like a "hand"?? Well, you're in luck!!! S.T.U.D.S IS HERE FOR YOU!!! We offer all types of services, from a basic lube, to the full service! S.T.U.D.S.
| |
| | |
03-29-2011, 11:06 AM
|
#6 | | racing & tech mod.
Join Date: May 2004 Location: Vancouver
Posts: 4,034
Thanked 507 Times in 188 Posts
|
If you had chains connected properly, then the tailer's built-in brake-away device is irrelevant. You definately DO NOT need trailer brakes if you are towing a puny 600kg pleasure-licenced trailer behind an F150.
I'd phone the detachment the officer was from, and try to get the ticket cancelled and a refund for the tow and your inconvenience.
| |
| | |
03-29-2011, 11:35 AM
|
#7 | | Retired Traffic Cop
Join Date: Oct 2001 Location: Nanoose Bay, BC
Posts: 9,025
Thanked 125 Times in 68 Posts
|
Your pickup is a commercial vehicle. Regardless of plate, the trailer is considered a commercial trailer if it fits this definition:
"commercial trailer" means a trailer, or semitrailer, or house trailer, with a gross weight of more than 1 400 kg
Net weight of your pickup is listed on your registration document. It is commonly known as the curb weight.
You still haven't answered what the actual weight of the trailer and it's load was.
__________________
Have you ever met anyone that would admit to being less than a better than average driver ??
Learn more at DriveSmartBC | |
| | |
03-29-2011, 11:36 AM
|
#8 | | Retired Traffic Cop
Join Date: Oct 2001 Location: Nanoose Bay, BC
Posts: 9,025
Thanked 125 Times in 68 Posts
| Quote:
Originally Posted by Rich Sandor If you had chains connected properly, then the tailer's built-in brake-away device is irrelevant. | Not so. If the law requires a breakaway brake you must have both.
__________________
Have you ever met anyone that would admit to being less than a better than average driver ??
Learn more at DriveSmartBC | |
| | |
03-29-2011, 01:07 PM
|
#9 | | racing & tech mod.
Join Date: May 2004 Location: Vancouver
Posts: 4,034
Thanked 507 Times in 188 Posts
|
Skidmark, go back to post #1.
He says his trailer weighs 600kg + a quad on it. (Quads weigh 120-220kg) There's no way that comes close to 1400kg or even 1/2 the weight of an F150 (2200kgs+++)
Since it's not over 1400kg it's not commercial, and does not need a brake-away.
It's also less than half the curb weight of an F150 so it doesn't need surge or electric brakes.
My impression is that chains are required on all trailers, regardless of the above. (which he had on his trailer anyways.)
| |
| | |
03-29-2011, 08:26 PM
|
#10 | | RS Peace Officer
Join Date: Feb 2007 Location: Vancouver Islan
Posts: 3,867
Thanked 1,636 Times in 683 Posts
|
What is the registered GVW of the trailer as indicated on the registration? This may help clarify things a bit.
| |
| | |
03-30-2011, 03:23 PM
|
#11 | | Retired Traffic Cop
Join Date: Oct 2001 Location: Nanoose Bay, BC
Posts: 9,025
Thanked 125 Times in 68 Posts
|
I don't know how much quads weigh and I'm wondering if anything was scaled....
__________________
Have you ever met anyone that would admit to being less than a better than average driver ??
Learn more at DriveSmartBC | |
| | |
03-30-2011, 06:49 PM
|
#12 | | I contribute to threads in the offtopic forum
Join Date: Oct 2009 Location: richmond
Posts: 2,837
Thanked 1,490 Times in 570 Posts
|
I've owned three quads and my heaviest is about 250kg's wet
__________________
Rise Auto Salon
11938 95a Ave Delta
I can be reached VIA text @ 778-232-1465
Oil change special $70 5 liters synthetic oil including OEM filter Fender rolling from $45 per fender
Car Audio:
Focal, Morel, Genesis, Clarion, Scosche, Escort, Compustar, GReddy, Blitz, Tomei, Motul, Endless, Defi, Cusco, Nismo + More
We specialize in:
Custom Car Audio
Race/4x4 Fabrication
Forced Induction
Engine Swaps
General Maintenance | |
| | |
03-30-2011, 08:54 PM
|
#13 | | My homepage has been set to RS
Join Date: Aug 2005 Location: Kelowna
Posts: 2,163
Thanked 20 Times in 7 Posts
| Quote:
Originally Posted by zulutango What is the registered GVW of the trailer as indicated on the registration? This may help clarify things a bit. | 1400kg. Well... its undergoing a govt inspection so the weight can be raised.
__________________
LADIES!!! Tired of being alone? Going through too many batteries at bedtime? Would you like a "hand"?? Well, you're in luck!!! S.T.U.D.S IS HERE FOR YOU!!! We offer all types of services, from a basic lube, to the full service! S.T.U.D.S.
| |
| | |
03-30-2011, 08:55 PM
|
#14 | | My homepage has been set to RS
Join Date: Aug 2005 Location: Kelowna
Posts: 2,163
Thanked 20 Times in 7 Posts
| Quote:
Originally Posted by skidmark I don't know how much quads weigh and I'm wondering if anything was scaled.... | He said he was trained to "guestimate" weight. He was going to bring scales out but didnt.
__________________
LADIES!!! Tired of being alone? Going through too many batteries at bedtime? Would you like a "hand"?? Well, you're in luck!!! S.T.U.D.S IS HERE FOR YOU!!! We offer all types of services, from a basic lube, to the full service! S.T.U.D.S.
| |
| | |
03-30-2011, 10:15 PM
|
#15 | | I subscribe to Revscene
Join Date: Nov 2006 Location: Victoria
Posts: 1,978
Thanked 185 Times in 129 Posts
| Quote:
Originally Posted by girlcrazy_420 He said he was trained to "guestimate" weight. He was going to bring scales out but didnt. | Trailer: $3,000
Quad: $10,000
Ticket and tow: $296
Using guesswork to determine if a carefully constructed law with specific definitions and weight limits has been broken: priceless.
| |
| | |
03-31-2011, 11:24 AM
|
#16 | | Retired Traffic Cop
Join Date: Oct 2001 Location: Nanoose Bay, BC
Posts: 9,025
Thanked 125 Times in 68 Posts
|
OK, I think I have enough information for a practical answer now. Take the trailer and quad (essentially the trailer loaded the same way it was when ticketed) go to the scale and have it weighed. If it is less than 1400 kg (remember the tongue weight if it is close) dispute the ticket as division 6 does not apply.
__________________
Have you ever met anyone that would admit to being less than a better than average driver ??
Learn more at DriveSmartBC | |
| | |
04-06-2011, 09:22 AM
|
#17 | | Need to Seek Professional Help
Join Date: Oct 2006 Location: Victoria
Posts: 1,028
Thanked 436 Times in 92 Posts
|
How does that work with the tow? Do police offer refunds in cases of their wrong-doing?
| |
| | |
04-06-2011, 11:12 AM
|
#18 | | Retired Traffic Cop
Join Date: Oct 2001 Location: Nanoose Bay, BC
Posts: 9,025
Thanked 125 Times in 68 Posts
|
I have known instances where the detachment covers the tow bill for the officer's mistake...
__________________
Have you ever met anyone that would admit to being less than a better than average driver ??
Learn more at DriveSmartBC | |
| | |
04-07-2011, 06:06 PM
|
#19 | | I subscribe to Revscene
Join Date: Nov 2006 Location: Victoria
Posts: 1,978
Thanked 185 Times in 129 Posts
| Quote:
Originally Posted by skidmark I have known instances where the detachment covers the tow bill for the officer's mistake... | True accountability would be requiring the officer to cover the tow bill.
| |
| | |
04-13-2011, 01:55 PM
|
#20 | | My homepage has been set to RS
Join Date: Aug 2005 Location: Kelowna
Posts: 2,163
Thanked 20 Times in 7 Posts
|
Talked to icbc today. They said for example, if a vehicle is equipped; everything must be in good working order. For example, he said if I had 100 "decorative" markers, all 100 MUST be working or I could face fines. He said even tho trailer brakes are optional, according to the act... they MUST be in good working order. I am on the phone now with the rcmp of kelowna, trying to get the ticvked withdrawled.
__________________
LADIES!!! Tired of being alone? Going through too many batteries at bedtime? Would you like a "hand"?? Well, you're in luck!!! S.T.U.D.S IS HERE FOR YOU!!! We offer all types of services, from a basic lube, to the full service! S.T.U.D.S.
| |
| | |
Posting Rules
| You may not post new threads You may not post replies You may not post attachments You may not edit your posts
HTML code is Off
| | |
All times are GMT -8. The time now is 10:17 AM.
|
You are currently viewing our boards as a guest which gives you limited access to view most discussions and access our other features. By joining our free community you will have access to post topics, communicate privately with other members (PM), respond to polls, upload content and access many other special features. Registration is fast, simple and absolutely free so please, join our community today!
The banners on the left side and below do not show for registered users!
