Thread: Towbar Height

Over-run brakes on trailers require the vehicle to decelerate so that the brakes will activate, there is no control for the trailer brakes in the cabin - so the trailer can push the vehicle around a bit compared to electric brakes in certain circumstances. I imagine this is why they've specified trailers with that particular type of brakes as having an off road towing weight restriction.

Personally I tow a little old van with over-run brakes that weighs a fair bit more than the specified 1,000kgs in various conditions so this is an interesting conversation to me. I suppose defining the nebulous term "off road" is the key issue. Does it have a common meaning ? A legal meaning ? A meaning for insurance purposes ? A meaning according to the situation in question ? I'm not sure really.

I would start with the Macquarie dictionary apparently that's the one the aus legal system uses

Originally Posted by TerryO

Sorry I don't get where your coming from Barry, where does it say anything over 1000 kg is illegal to be towed off road?

From what I can find on Topix, it says it under the towing section for D3s, D4s adn RRS up to and including MY11. MY12 and on does not have it.
It is also listed for RRS MY14 + MY15 with a 'powered' tow bar

Does it actually say its illegal?

My understanding is that legality would arise from the law not the handbook. World would be a shocking place were it otherwise ...

It might be an offence to fail to abide by the manufactures guidelines with respect to towing. Say that is the case, we need to define off-road satisfactorily so we can know if we might be flouting the law. Need someone smarter and less lazy than me to answer these questions.

I just exercise due care and hope for the best.

The point I was trying to get across is there are exceptions to where you can go off road and where you can't that either do or don't come under the jurisdiction of the road laws and its the road laws that determine what's illegal (an offence) and what's not, not what is written in a hand book by LR and quoted on here as being illegal.

I have had several discussions with police previously at work when this topic came up about where the road laws apply and where they don't and lately because of this thread a discussion I had with a lawyer who in part specialises in traffic offence law and they both have said that the road laws don't apply every where as many people think they do.

So I believe to just blanket say its illegal to tow more than 1000kg off road is not only incorrect but misleading.

Terry - You're flogging a dead horse.

I agree with what you have written. Particularly the last sentence.

I was not previously aware that LR has a stated limit on the off road towing capacity for trailers like mine (which exceed the stated weight and has the offending brake type). Hence my description of the term as "nebulous" - what does it mean to me (and others with similar rigs) in practical terms ? Don't know and I don't think we will work it out here.

I can understand the restriction in hard conditions, but in Australia we have many gazetted roads that are pretty tough. Can I tow on a sand highway ? On a gazetted road of any type ? Common sense would say yes ... but common sense and the law are often at odds (hence the expression "legal fiction").

Anyway this thread has led me to know something I didn't previously know and I'm grateful for that.

Edit: Also this thread gives justification to my semi-idea that I might fit electric brakes to my van ... for avoidance of doubt and all that ... and also because over ride brakes are annoying and thumpy ... just add that to the "gunna" list I think ... because on the other side of the coin, override brakes are useful because I don't need to wire up the other car for the brake controller ... oh well !