843 Subpart C—Brakes
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Federal Highway Administration, DOT § 393.41 terminals which conform to the SAE tems (except the service brake actu- Standard 1 for ``Cable Terminals'' or by ation pedal or valve)Ð cable terminals which are mechani- (i) The vehicle will have operative cally and electrically at least equal to brakes; and such terminals. The number of wires (ii) In the case of a vehicle manufac- attached to any post shall be limited to tured on or after July 1, 1973, the vehi- the number which such post was de- cle will have operative brakes capable signed to accommodate. The presence of performing as specified in § 393.52(b). of bare, loose, dangling, chafing, or (2) A motor vehicle to which the poorly connected wires is prohibited. emergency brake system requirements of Federal Motor Vehicle Safety Stand- Subpart CÐBrakes ard No. 105 (§ 571.105 of this title) ap- plied at the time of its manufacture § 393.40 Required brake systems. conforms to the requirements of para- (a) General. A bus, truck, truck trac- graph (c)(1) of this section ifÐ tor, or a combination of motor vehicles (i) It is maintained in conformity must have brakes adequate to control with the emergency brake require- the movement of, and to stop and hold, ments of Standard No. 105 in effect on the vehicle or combination of vehicles. the date of its manufacture; and (b) Specific systems required. (1) A bus, (ii) It is capable of performing as truck, truck tractor, or combination of specified in § 393.52(b), except upon motor vehicles must haveÐ structural failure of its brake master (i) A service brake system that con- cylinder body or effectiveness indicator forms to the requirements of § 393.52; body. and (3) A bus conforms to the require- (ii) A parking brake system that con- ments of paragraph (c)(1) of this sec- forms to the requirements of § 393.41. tion if it meets the requirements of (2) A bus, truck, truck tractor, or a § 393.44 and is capable of performing as combination of motor vehicles manu- specified in § 393.52(b). factured on or after July 1, 1973, must [36 FR 20297, Oct. 20, 1971, as amended at 37 have an emergency brake system that FR 5251, Mar. 11, 1972] conforms to the requirements of § 393.52(b) and consists of eitherÐ § 393.41 Parking brake system. (i) Emergency features of the service (a) Every commercial motor vehicle brake system; or manufactured on and after March 7, (ii) A system separate from the serv- 1990, except an agricultural commodity ice brake system. trailer, converter dolly, heavy hauler A control by which the driver applies or pulpwood trailer, shall at all times the emergency brake system must be be equipped with a parking brake sys- located so that the driver can readily tem adequate to hold the vehicle or operate it when he/she is properly re- combination under any condition of strained by any seat belt assembly pro- loading as required by FMVSS 571.121. vided for his/her use. The control for An agricultural commodity trailer, applying the emergency brake system heavy hauler or pulpwood trailer shall may be combined with either the con- carry sufficient chocking blocks to pre- trol for applying the service brake sys- vent movement when parked. tem or the control for applying the (b) The parking brake system shall at parking brake system. However, all all times be capable of being applied in three controls may not be combined. conformance with the requirements of (c) Interconnected systems. (1) If the paragraph (a) of the section by either brake systems specified in paragraph the driver's muscular effort, or by (b) of this section are interconnected in spring action, or by other energy, pro- any way, they must be designed, con- vided, that if such other energy is de- structed, and maintained so that, upon pended on for application of the park- the failure of any part of the operating ing brake, then an accumulation of mechanism of one or more of the sys- such energy shall be isolated from any common source and used exclusively 1 See footnote 1 to § 393.24(c). for the operation of the parking brake. 843 VerDate 23<NOV>98 13:41 Dec 03, 1998 Jkt 179205 PO 00000 Frm 00837 Fmt 8010 Sfmt 8010 Y:\SGML\179202T.XXX pfrm08 PsN: 179202T § 393.42 49 CFR Ch. III (10±1±98 Edition) (c) The parking brake system shall be rofitted to meet the requirements of held in the applied position by energy this section within one year from Feb- other than fluid pressure, air pressure, ruary 26, 1987, if the brake components or electric energy. The parking brake have been removed. system shall be such that it cannot be (2) Any motor vehicle being towed in released unless adequate energy is a driveaway-towaway operation must available upon release of the parking have operative brakes as may be nec- brake to make immediate further ap- essary to ensure compliance with the plication with the required effective- performance requirements of § 393.52. ness. This paragraph is not applicable to any [34 FR 15418, Oct. 3, 1969, as amended at 53 FR motor vehicle towed by means of a 49398, Dec. 7, 1988] tow-bar when any other vehicle is full- mounted on such towed motor vehicle § 393.42 Brakes required on all wheels. or any combination of motor vehicles (a) Every commercial motor vehicle utilizing three or more saddle-mounts. shall be equipped with brakes acting on (See § 393.71(a)(3).) all wheels. (3) Any full trailer, any semitrailer, (b) Exception. (1) Trucks or truck tractors having three or more axlesÐ or any pole trailer having a GVWR of (i) Need not have brakes on the front 3,000 pounds or less must be equipped wheels if the vehicle was manufactured with brakes if the weight of the towed before July 25, 1980; or vehicle resting on the towing vehicle (ii) Manufactured between July 24, exceeds 40 percent of the GVWR of the 1980, and October 27, 1986, must be ret- towing vehicle. 844 VerDate 23<NOV>98 13:41 Dec 03, 1998 Jkt 179205 PO 00000 Frm 00838 Fmt 8010 Sfmt 8010 Y:\SGML\179202T.XXX pfrm08 PsN: 179202T Federal Highway Administration, DOT § 393.43 [52 FR 2803, Jan. 27, 1987, as amended at 53 FR 49398, Dec. 7, 1988; 54 FR 48617, Nov. 24, 1989; 59 FR 25574, May 17, 1994; 61 FR 1843, Jan. 24, 1996] § 393.43 Breakaway and emergency per square inch nor higher than 45 braking. pounds per square inch. The other means shall be a manually controlled (a) Every motor vehicle, if used to device readily operable by a person tow a trailer equipped with brakes, seated in the driving seat. Its emer- shall be equipped with means for pro- gency position or method of operation viding that in case of breakaway of shall be clearly indicated. In no in- such trailer the service brakes on the stance may the manual means be so ar- towing vehicle will be sufficiently op- ranged as to permit its use to prevent erative to stop the towing vehicle. operation of the automatic means. The (b) Every truck or truck tractor automatic and manual means required equipped with air brakes, when used for by this section may be, but are not re- towing other vehicles equipped with air quired to be, separate. brakes, shall be equipped with two (c) Every truck tractor and truck means of activating the emergency fea- when used for towing other vehicles tures of the trailer brakes. One of these equipped with vacuum brakes, shall means shall operate automatically in have, in addition to the single control the event of reduction of the towing ve- required by § 393.49 to operate all hicle air supply to a fixed pressure brakes of the combination, a second which shall not be lower than 20 pounds manual control device which can be 845 VerDate 23<NOV>98 13:41 Dec 03, 1998 Jkt 179205 PO 00000 Frm 00839 Fmt 8010 Sfmt 8010 Y:\SGML\179202T.XXX pfrm08 PsN: 179202T § 393.44 49 CFR Ch. III (10±1±98 Edition) used to operate the brakes on the and continued functioning of the tub- towed vehicles in emergencies. Such ing or hose; second control shall be independent of (2) Be installed in a manner that in- brake air, hydraulic, and other pres- sures proper continued functioning of sure, and independent of other con- the tubing or hose; trols, unless the braking system be so (3) Be long and flexible enough to ac- arranged that failure of the pressure on commodate without damage all normal which the second control depends will motions of the parts to which it is at- cause the towed vehicle brakes to be tached; applied automatically. The second con- (4) Be suitably secured against chaf- trol is not required by this rule to pro- ing, kinking, or other mechanical dam- vide modulated or graduated braking. age; (d) Every trailer required to be (5) Be installed in a manner that pre- equipped with brakes shall be equipped vents it from contacting the vehicle's with brakes of such character as to be exhaust system or any other source of applied automatically and promptly high temperatures; and upon breakaway from the towing vehi- (6) Conform to the applicable require- cle, and means shall be provided to ments of paragraph (b) or (c) of this maintain application of the brakes on section. In addition, all hose installed the trailer in such case for at least 15 on and after January 1, 1981, must con- minutes.