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Subject Topic: New trailer law.
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29/2/2008 at 12:01am
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Hi think a lot more makers are fitting attachments now to accept both breakaway cables and second couplings.
If my memory serves me correct it was an add from Towsure who are makers of towing gear that started this thread.
Rex.

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29/2/2008 at 12:36am
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OK, Rex, taking your points:

  • Yet you at least strongly imply that the secondary coupling must prevent separation in the event of the towball failing.
    answer
    Yes this is also correct There is no other reason for a second coupling. Should the first coupling fail the second coupling as to keep the trailer attached until brought to a stop.
    Response
    The law requires all unbraked trailers manufactured after 1996 be fitted with a secondary coupling that prevents the drawbar from touching the ground and provides some residual steering in the event of separation of the main coupling. DfT have kindly provided a publication that explains the intent (which is what a court will consider). You can read it here but the salient bit says:
    "Brakes
    Braking requirements are prescribed in Regulations 15 and 16 of The Road Vehicles (Construction & Use) Regulations 1986 as amended and essentially require a trailer with a maximum design laden weight of more 750 kg to be braked and allow an inertia (overrun) type braking system to be used up to a maximum permissible laden weight of 3500kg. In use it is not permitted to use an unbraked trailer the laden weight of which exceeds 50% of the kerbside weight of the towing vehicle. For trailers up to 1500kg laden weight it is permitted to use a secondary coupling, which in the event of separation (NOT failure) of the main coupling will retain the trailer attached to the towing vehicle, prevent the nose of the trailer from touching the ground and provide some residual steering of the trailer. Above 1500 kg laden weight the trailer must be fitted with a device to stop the trailer automatically in the event of separation (NOT failure) of the main coupling and this is normally achieved by a breakaway cable attached to the parking brake mechanism - the trailer becomes detached from the towing vehicle.
    " (my emphasis).

    You say there is no other reason for a second coupling other than to ensure safety in the event of failure. Yet the law implies, and DfT explictly states, that the reason why a secondary coupling is required has nothing to do with failure of the main coupling. Instead, it is to do with the separation that might occur (e.g.) should you fail to hitch up properly, or use a 50mm hitch head with a 2" towball.

  • I believe that you are misrepresenting the law when you say that using a chain doesn't comply.
    answer.
    The word comply is not appropriate as the law dose not stipulate what to use, The ministry of transport did not recommend the chain over ball at they deemed this unsafe.
    Response
    It was Mat, not me, that used the word comply. While the law doesn't state how it is to be achieved it is very clear on what is to be achieved. If the Ministry deemed all installations of coupling chain over ball to be unsafe without sight of every example, they are exceeding their authority and this is another example of the sort of thing that prompted me to make my first post in this thread.

    The man from the Ministry does not know, and cannot know, the exact circumstances of every example of this type of secondary coupling that is or ever will be and so cannot say for sure that every example does not comply.

  • AFAICT the law is clear enough in the case of those small trailers that come with a chain already fitted. The manufacturer must make his goods fit for their intended purpose, which means that the secondary coupling must meet the requirements of SI 1996/3033 etc. The user, who is not an expert in the matter, is entitled to rely on the implied fitness for that purpose
    answer.
    The ministry do not lay down what is fit or unfit to be fitted to a trailer that comes under currant regulations.
    so were dose the manufacturer get his information from.

    Response
    The manufacturer gets his information from the law, or from standards created to ensure compliance with the law. The law places many constraints on how products must be designed. For example, electrical and mechanical goods must comply with the appropriate safety legislation, and the design of trailers is constrained by the Construction and Use Regulations.

    So the manufacturer has a set of criteria that his product must meet to be lawfully used for the purpose for which he sells that product. For example, for trailers intended to be towed by class M1 vehicles, the trailer must be no wider than 2.3m, no longer than 7.0m excluding the drawbar, and must have lights that conform to the C&U regs. If the trailer doesn't meet these requirements it is unfit for purpose as defined by the Sale of Goods Act and may not lawfully be sold to consumers for that purpose.

    One of the criteria that an unbraked trailer produced after 1996 must meet is that it must be fitted with a secondary coupling that in the event of separation of the main coupling prevents the drawbar from touching the ground and provides some residual steering. If the manufacture fits a secondary coupling (which Erde et al. do) then it must meet this requirement. If it does not, the trailer is unfit for purpose and may not be sold to consumers. So there is an implied fitness for purpose upon which the purchaser is entitled to rely as evidence that the coupling complies with the law.



Now, you might think that I'm nitpicking here and that I have a "bee in my bonnet". However, it is important that we separate legal requirements from common-sense good practice and particularly so in the mind of those responsible for enforcing the law. If they get it wrong it can seriously ruin your day.

IIRC last year there was a "crackdown" on dodgy trailers in Devon and the VOSA man stated on the local TV news that looping your breakaway cable around the base of the towball and clipping it back to itself was illegal because it wouldn't apply the brakes if the towball failed. However, that is incorrect. The requirement is to apply the brakes in the event of decoupling (not failure) and a snug-fitting breakaway clipped to itself does that and so fully complies. Although he didn't say he'd detained any outfits, the man from the ministry did say that was one of the most common illegalities among the outfits they'd checked - and they certainly were detaining outfits for something.

So, lets imagine that you're setting out for a fortnight's holiday with your camping trailer in tow. It's a brand-new trailer just like that Erde in the HA video and the manufacturer is satisfied that it fully complies with the law. Then some officious so-and-so who half-understands the subject deems your trailer to be illegal because the secondary coupling would jump off if the towball flange bolts parted. He tells you that you can't continue with it until it is modified to his satisfaction and you must either modify it there and then or pay to have your trailer removed by a recovery truck. Through no fault of your own, you're stuck with a ruined holiday at the very least, and all because some officious misinterpreted the law.

Geoff


29/2/2008 at 4:41am
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geoff

freedom to express is a good thing but, yawn, you are now starting to bore and irritate..

please go and find another topic to highjack and vent off on.

you have sadly clouded our intent on this one.

it is nothing personal but common sense and best practice is what we are trying to get across, to promote a safe travel to your holiday destination.

my input on his topic is now done

 

mat



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Modified Erde 122 Trailer


29/2/2008 at 9:07am
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geoff.
You have not answered my concerns of your comments.
I say and will repeat that the second coupling is used for one reason only should the trailer hitch fail and separate from the tow ball the second coupling is to keep the trailers draw bar from hitting the floor to give you a little control of the trailer while bringing it to a stop and to do this it must be a strong connection that can not brake away or separate from the towing vehicle in any way without the assistance of the driver, Now this is what we have said all along and this is what your link says, so really Geoff I cannot see what you are trying to get across.
As for the video it is terribly flawed and should be withdrawn as soon as possible.
I stick by my previous post 100%
Rex


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29/2/2008 at 9:07am
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Mat, you made an incorrect claim from a position of authority (as a traffic officer) that all "chain over ball" secondary couplings are illegal. Incorrect and misleading statements from those in authority can be seriously detrimental and IMO such disinformation from "on high" needs to be nipped in the bud.

For example, your posts might convince someone that the factory-fitted and fully legal arrangements on their trailer are unlawful, which might prompt them to bodge things to create something untested and that is actually illegal but looks good to their inexpert eyes. Worse, the bodge might damage the main coupling, making failure of both couplings more likely. That claim could also prevent people from buying or continuing to use a perfectly good trailer and consequently put people who can't fit all they need in the car off camping.

Because you said it is your understanding as a traffic officer that all "chain over ball" arrangements are illegal, there is a strong possibility that this misunderstanding is prevalent in your organisation. This wouldn't be the first time such misunderstanding has taken root, and that needs to be addressed to lessen the chances of outfits being wrongly taken off the road etc. at checkpoints.

FWIW, If you hadn't started your first post in this thread with "as a traffic officer my understanding is" I'd have probably only made one post - to direct people to the law and to the DfT page on the subject. AFAICT, the manufacturer of Rex's trailer has designed their secondary coupling to be used with an anchor plate, and Rex seems to have misinterpreted that to mean that all secondary couplings must (by law) use an anchor plate. Thus I can excuse Rex's opening and subsequent posts. He doesn't claim to be an expert on the subject. However, you are writing from a position of authority and that makes a huge difference.

Geoff


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29/2/2008 at 9:45am
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Quote: Originally posted by rexgrant on 29/2/2008
so really Geoff I cannot see what you are trying to get across.

I'm trying to get across the difference between a good idea and what the law actually requires.

Tyron bands are a good idea but the law doesn't require you to fit them. Similarly, a secondary coupling that prevents the trailer from running away should the towball or hitch head break is also a good idea but the law doesn't require it. The law requires only that a secondary coupling control the trailer in the event of separation (not failure). So any coupling that works if the towball remains intact complies with the law even if it won't work if the towball snaps.

Rex, you got your information from the instructions for your new trailer. So what do those instructions actually say? I suspect that the manufacturer of your trailer has designed his secondary coupling to be used with an anchor plate and so is telling you that you must fit one to stay within the law when towing his trailer. But those instructions only relate to that particular trailer and another manufacturer might use a design that doesn't require an anchor plate.

If a European manufacturer produces a trailer with a "chain over ball" secondary coupling that he tells you to loop over the base of the towball then you should loop the chain over the base of the towball. The manufacturer must, by law, ensure that his product complies with all relevant laws when used in the way he tells you to use it. If you go against the manufacturer's instructions and cobble up some ad-hoc arrangement, you have no guarantee of compliance and might, in fact, end up with something that does not comply and/or is downright dangerous.

HTH,

Geoff


29/2/2008 at 10:19am
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Hi again Geoff.
No geoff I have spent many months emailing people and reading government documents on the subject
My trailer is German made and can not be purchased in the UK,It as all the required plates with the weights given.
and I bought it second hand.
It seams that what we can not agree on is the wording of the requirements of unbraked trailers.
Let me rephrase my understanding of the requirements of a second coupling on an unbraked trailer.
The law requires you to fit a second coupling to a trailer draw bar that can be attached securely to the towing vehicle so if the trailers hitch separates from the tow vehicles tow ball the second coupling will keep the trailer attached to the tow vehicle in such a way that it will allow some steering while been brought to a stop that it will also keep the trailers draw bar or any part of that draw bar from hitting the road.
No mater how I read your link or the instruction sent to me from the MOT it all boils down to the fact that a second coupling must not be able to to become detached
and a chain over the ball bouncing about could come detached This is why the makers of towing brackets have deigned a special short strong cable to do the job and have made two types of brackets one with an elongated hole for the large strong clip of the second coupling cable to fit, and a round hole for the smaller brake away cable to fit
Regards
Rex



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29/2/2008 at 11:02am
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Hi again geoff.
Let me just try to cover what you said about manufacturer.
Let us take two vehicle and high MVP with it tow ball set to top limit an another with hit tow ball set to bottom limit the top limit one is a standard 50mm one and the bottom limit one is a swan neck the resting place for any second coupling put over the ball could be as much as 100mm difference resulting in one hitting the floor when unattached from the ball.
So please tell me Geoff how can it be a safe way to attach a second coupling. how long are the pre-fitted couplings that are fitted to go over the ball, how can anyone lay down a standard for the length of a second coupling that fits over a ball.
Geoff as a retired QA engineer fully trained to All ISO and British standards I know this is an impossible thing to do. and I think this is why the MOT as not laid down
specific standard to conform to. How could I go to check a trailer company to see if the were conforming to BS5750 or ISO 9001/2 when there is nothing to check it to.
Well I have discussed this as far as I can and will only now comment to help if I can, anyone who requires my advice on the subject. And as you say Geoff it is not against the law to put the chain over your tow hitch as long as when you take the ball of the trailers draw bar it can not touch the floor so will require clearance to allow for this, as to how much we must guess how much it will bounce about while going down a bumpy road at sixty miles an hour. My set up gives 4.5" or 112mm clearance but that is what I think is safe and I hope if I was stopped by an intelligent police officer he would also think the same, and let us face it there is very few jobsworth police men and women in the force today.
And what I would like to repeat, should you continue to put a chain or cable over the tow ball to secure a second coupling and you trailer should brake away and kill someone the judge may decide you had not made your trailer safe and find you guilty of manslaughter.
All the best
Rex

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29/2/2008 at 2:25pm
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Hi again, Rex.

You're a QA engineer. Fine, we should be on the same wavelength. I'm sure that you'd agree that no one person can fully understand every ISO or BS standard currently in force (there are over 27,000). I'm sure that you're also aware that BS5750/ISO900x have a holistic approach and do not deal directly with how to manufacture a trailer! So helping a company through ISO9000 doesn't make you an expert even in what that company produces.

You say, "how can anyone lay down a standard for the length of a second coupling that fits over a ball." Perhaps BS AU 267:1988 (Code of practice for breakaway cables and secondary couplings) has something to say on that. As a QA engineer, I'm sure that you won't be surprised that there are standards to support manufacture of most products subject to EEC Directives (71/320/EEC and 91/422/EEC in this case).

So, if an ISO9000 company produced a trailer with a secondary coupling to the standard I've referred to above and documented in the instructions how that coupling was to be used, I guess that you'd be happy to use it as directed - even if the instructions told you to loop the chain over the towball.

In the end, bear in mind that current trailer models sold in the UK use this type of secondary coupling (e.g. the Erde 158 shown in the HA video) AFAICT, Erde trailers are German-made, subject to TUV approval, and must comply with same EU directives as UK trailers. The chances are that it fully complies with law no matter how wrong it might instinctively appear.

Geoff


29/2/2008 at 3:01pm
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Hi again Geoff,
No I never professed to be an expert, but any person with a limited knowledge of mechanical engineering will quickly See the flaw in the connection under discussion. As I am unable to read your link what must be due to the legal position of duplicating standards from the standard authority. I can not comment.
Have a nice day Geoff because we are now straying away from the subject under discussion and what we are trying to achieve as been lost.
I am confident in the information we have all given on this post as been given with the safety of pedestrians been killed with runaway trailers, and only you have posted against this.
I think you are acting like someone that really dose not know the practical side of this subject and is relying on
finding what information you think supports your theory, But you have been unable to come up anything relevant to the subject that we did not already know.
This is not a personal thing about who know the most or who is more intelligent than the other, This is about a subject that effects many of our members, who want to tow safely and feel that they have done all that is necessary to protect others lives and property by taking the recommendation of the department of transports trailer division that to use a second coupling on a trailer by putting it over the Tow ball. This was said to be unsafe and not recommended and the people who have contributed to this on this forum have not recommended it to our members.
What you must do Geoff is to return to your dept and put thing write as it is not an ethical thing to recommend a procedure that could lead to someones death.
All the best.
Geoff
Rex

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29/2/2008 at 3:22pm
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Hi again geoff.
It is very clear you joined this forum to defend the department who produced the video, I do believe that is called trolling, and is looked down on within the forum structure, not that it worries me but honesty would have been a better way to go about it.
Date you joined 25/2/2008 Date mat and I contacted the department 25/2/2008.
This in my opinion is not just a coincidence
Regards
Rex

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29/2/2008 at 3:38pm
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Geoff and Rex..PLEASE STOP...This thread is now getting ridiculous, it seems to be similar to two barristers arguing and dancing on a pin head in a court of law about medieval and obscure points of law...My brain is starting to hurt.


29/2/2008 at 3:38pm
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Ok for the lay man,

This is what I have done, bought a new trailer for this camping year, an Erde193 this comes with the hitch chain which goes over the tow ball, I have also fitted a secondary hitch bracket to the back of my towball plate through one of the fixing bolts, new bolt fitted, and bought a short steel secondary cable.

So in summary the best of both worlds, for about £5.00

 

Victor



29/2/2008 at 3:42pm
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Hi again Rex,

I do not know who produced the video, only that it was produced on behalf of the HA and I certainly didn't join for this topic. I don't work for the producers (my current clients are in construction and agricultural tractors) and didn't know that video existed until I came upon the link in this thread.

For info, the topic for which I originally joined is this one of fifth wheels. I joined on page 2 after having had a load of grief with my local constabulary, an HGV training organisation, and DVLA all telling me that I couldn't drive a fifth-wheel outfit consisting of a 2.5 to 3.0 tonne kerbweight tractor with MAM around 5 tonnes and MTW of 8.25 tonnes pulling a fifth-wheel of MTPLM up to 5 tonnes. They were wrong. That rig is within my C1+E grandfather's rights. Their (mis)advice cost me financially and put back plans to go full time.

Thus I came to this topic from a background of knowing the harm misinformation from officials can cause. Take a look at my first post in this thread and you can see how this thread relates to my experiences WRT mistaken officials.

If you consider trying to avert misconceptions and trying to prevent them from causing roadside grief to be trolling, so be it. I guess that everyone has their own definition. But rest assured that my intentions are entirely good and don't include trolling.

Best regards,

Geoff


29/2/2008 at 3:58pm
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Hi again geoff
In that case please accept my apologies.
But to try to justify the chain over ball to prove another point is not the way to get you own back on the ministry.
Got to go now and pick up Val,
All the best
Rex.


-------------
"Be the person your dog thinks you are" (BM)



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