[face=Arial]Ed,
As you likely know, this topic generally spurs a lot of conversation that often leads to differences in interpretation or failure to look at definitions. Much of the interpretation centers on the fact that some states don’t specifically define or discuss vehicles being directly towed. My interpretation is that when a state does not specifically discuss a vehicle being towed on its own wheels outside of the temporary towing behind a wrecker, then the car is simply a trailer. Let’s look at Florida statute, given it was a state you referenced and the one I live in.
Here’s the actual Florida statute:
http://www.flsenate.gov/Laws/Statutes/2011/316.261Florida does not specifically spell out a car in tow, except as towed behind a wrecker. Therefore, we need to look at how FL defines a trailer. FL’s definition of a trailer would include a car being towed by a tow bar. Here’s the definition:
316.003 Definitions.—The following words and phrases, when used in this chapter, shall have the meanings respectively ascribed to them in this section, except where the context otherwise requires:
( 58 ) TRAILER.—Any vehicle with or without motive power, other than a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle.
Florida’s brake requirements laws state a need for a braking system on a trailer over 3,000 pounds and those under 3,000 pounds under certain circumstances. In almost all cases, if not all cases, a towed vehicle (trailer) needs brakes activated by the towing vehicle. The statute further defines a requirement for break-away brakes. Here’s the reference:
316.261 Brake equipment required.—Every motor vehicle, trailer, semitrailer, and pole trailer, and any combination of such vehicles, operating upon a highway within this state shall be equipped with brakes in compliance with the requirements of this chapter.
(1) SERVICE BRAKES; ADEQUACY.—Every such vehicle and combination of vehicles, except special mobile equipment not designed to carry persons, shall be equipped with service brakes adequate to control the movement of and to stop and hold such vehicle under all conditions of loading, and on any grade incident to its operation.
(3) BRAKES ON ALL WHEELS.—Every vehicle shall be equipped with brakes acting on all wheels except:
(a) Trailers, semitrailers, or pole trailers of a gross weight not exceeding 3,000 pounds, provided that:
1. The total weight on and including the wheels of the trailer or trailers shall not exceed 40 percent of the gross weight of the towing vehicle when connected to the trailer or trailers; and
(4) AUTOMATIC TRAILER BRAKE APPLICATION UPON BREAKAWAY.—Every trailer, semitrailer, and pole trailer with air or vacuum-actuated brakes, every trailer and semitrailer with a gross weight in excess of 3,000 pounds, and every pole trailer with a gross weight in excess of 3,000 pounds manufactured or assembled after January 1, 1972, shall be equipped with brakes acting on all wheels and of such character as to be applied automatically and promptly, and remain applied for at least 15 minutes, upon breakaway from the towing vehicle.
Of course your decision is yours. BTW, a 4,000+ pound moving object is almost always more dangerous than one at rest. Sure someone may hit a stationary object and get the full affects of their car’s mass and speed. Regardless of whether you have a break-away system or not, a runaway car will at some point stop. A runaway car travelling at any speed hitting another car will always increase the damage and risk of death given it’s mass is in movement causing more impact force.
BTW, I have heard of tow bar failures, similiar to the one described where the tow bar brackets break off the towed vehicle. This is not as a result of loose bolts or tow bar failures, rather a failure of the unibody mounting locations. That's why I use Roadmaster brakets and tow bars. Specifically, I like the extrat lateral support provided by the tow bar's cross bar. Here's something to consider. Where's your safety chains/cables attached to your towed vehicle? Likily on the very tow brackets that MAY separate from the towed car.
Just my 2 cents and not looking to stir this one up too much,
Gil
2012 Explorer with Air Force One braking system[/face][size=14][/size]