USA Banner

Official US Government Icon

Official websites use .gov
A .gov website belongs to an official government organization in the United States.

Secure Site Icon

Secure .gov websites use HTTPS
A lock ( ) or https:// means you’ve safely connected to the .gov website. Share sensitive information only on official, secure websites.

U.S. Department of Transportation U.S. Department of Transportation Icon United States Department of Transportation United States Department of Transportation

§ 393.42(b)(3) of the FMCSRs states that any full trailer, any semitrailer, or any pole trailer having a gross weight of 3,000 pounds or less must be equipped with brakes

Document
FMCSA-VEH-393.42-Q03.cm_.docx (22.53 KB)

Section § 393.42: Brakes required on all wheels.

Guidance Q&A

Question 3: § 393.42(b)(3) of the FMCSRs states that any full trailer, any semitrailer, or any pole trailer having a gross weight of 3,000 pounds or less must be equipped with brakes if the weight of the towed vehicle resting on the towing vehicle exceeds 40 percent of the sum of the axle weights of the towing vehicle. Is the manufacturer of the trailer responsible for ensuring that the trailer is equipped with brakes when required?

Guidance: No. The motor carrier pulling the trailer is responsible for ensuring that the trailer is in compliance with all applicable FMCSRs.

Regulatory Topic: Must manufacturer install brakes on certain lightweight trailers?
Effective Date: Sunday, May 4, 1997
Issued Date: Friday, April 4, 1997