What constitutes an appropriate attachment for the breakaway brake system on electric brake or surge brake systems. There are two situations that have come up recently regarding the attachment of a breakaway cable to the towing unit. First, a breakaway cable was attached to the pintle hook that was bolted on to the towing unit, Since the pintle hook was bolted to the towing vehicle, does this mean that the pintle hook is permanently attached to the pulling unit and therefore, can the breakaway device be attached to a portion of the pintle hook rather than the actually power unit? Secondly, there was the breakaway cable attached to the towing unit by using a bread tie (not strong enough to activate the breakaway in all likelihood).

Add language to the OOS Criteria to provide clarity as to whether the breakaway can be attached to hitches that are permanently attached to the power unit.

Also, if possible, guidance on what would be acceptable to attach a cable to the permanently mounted item on the towing unit. Would it be something of equal strength as the cable?

Add the following wording to the OOSC under Part 2(d)(2):

(2) A breakaway system not directly attached to a towing vehicle or a permanently mounted item on the towing vehicle (e.g., bolted on hitching system). (393.43(d))

Also, guidance on the strength of the attachment of the breakaway cable to towing unit, if possible.

There was discussion about the first part of the request concerning the bread tie securing the cable. The general consensus was that common sense says it shouldn’t be allowed, but there is no place in the regulations that disallows it and so it cannot be noted as a violation.

There was discussion dealing with the second part of the request for a breakaway cable attached to a hitch that is bolted to the towing vehicle. It was mentioned that a pintle hook is no different than a draw bar bolted to frame with eyes for the hooks to attach to. Through discussion the committee agreed that a hitch which is bolted to the towing vehicle should be considered as permanently attached to the vehicle and that attaching the cable to this hitch would be allowable. Discussion about whether the proposed changes to the OOSC should reflect securely or permanently and it was decided to use both. Questions about receiver hitch and where its allowable to hook the cable came up. It would be ok to attach to the bolted or welded on hitch, but not the slide in ball hitch which is secured with a pin, as it is not permanently attached. The OOSC was amended allowing for a breakaway cable to be permanently and securely attached to an item on the towing vehicle, including a bolted on hitch. See below:

d. Trailer Breakaway and Emergency Braking

(1) Missing or inoperable breakaway braking system on a trailer or converter dolly. (393.43(d))

(2) A breakaway system not directly attached to the towing vehicle or a permanent and securely mounted item on the towing vehicle (e.g., bolted on hitching system). (393.43(d))

(3) On any trailer equipped with spring brakes, more than 25% of the spring brakes are inoperative. (393.43(d))