Thread: Towbar Height

Originally Posted by Redback

Private property has it's own rules, set by the owner, is the road into the property a gazetted road, if so, not classified as offroad, many van manufacturers void warrantys if the van breaks and you're offroad, does that mean a gravel road is their interpretation of offroad

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Forgetting all this latest stuff about van warranties when towing off road because this discussion is about Land Rovers, again I'm just asking where does it say its illegal to tow more than 1000 kg off road with a Disco?

I did find in the handbook that you shouldn't tow anything at above 100 kph on road and I did find that you can increase your GVM by 100 kg if your towing (at least in Europe anyway) but I cannot find what your stating it says is illegal.

I think the definition here is not the insurance definition, rather the LR and legal definition.

LR specify an offroad towing mass - whilst Walkers Track in the VHC is gazetted, I'm sure it is deemed offroad by LR standards

The point being, IF, LR decide that a non-graded road is offroad, or a beach etc (all of which are gazetted) and the law agrees that these fall under that definition then towing over the specified 1,000kg would be:
Operating outside design (warranty implications)
Overloaded (legal and insurance implications)

Offroad towing weight (braked) is how it's written Terry

And don't feel too bad, the other brands do the same!

I'm not trying to be a smart arse but seriously where does it say in the hand book or I'll even extend it to the manual or anywhere in a Land Rover made public document that its illegal to tow more than 1000 kg off road?

I have found in the hand book the following in part;

RECOMMENDED TOWING WEIGHTS

Trailers with Overrun brakes ... Off-Road ... 1000 kg

But it does not say its illegal and again if its off road on private fenced and gated rural land then things like rego and insurance don't apply so why would a stated towing weight limit be illegal if not having rego isn't illegal?

To me it looks like a recommendation and something that if it could be proven by LR then it would affect any warranty, but I can't see how it is illegal. If its indeed illegal then that means you committing an offence and can be charged by the Police for breaking the law and then face penalties.

It it can be shown then seriously I'd like to know for sure that if I tow a trailer/van off road that weights more than 1000 kg then it is illegal and I'm sure plenty of others would like to know as well.

The question is this:

Is it against the law to exceed the manufacturers recommended towing weight in the available documentation that the driver has?

I love legal questions, so went downstairs and asked a Victorian lawyer the following 2 questions.

1. Question: Is it an offence to tow something that exceeds the manufacturers weight recommendation in the vehicle handbook. Answer: No.

2. Question: Is it an offence to tow something that exceeds the manufacturers weight recommendation in the vehicle handbook, if something "goes wrong" with the tow (damage/injury/death). Answer: Yes. The driver would be open to prosecution under the charge of negligent driving (causing damage/injury/death) as the driver had deliberately exceeded the manufacturers towing weight recommendations.

This is general legal advice only, non specific. Would also be a difficult situation from an insurance point of view, if any (damage/injury/death) occurred.

Will possibly there needs to be a third question;

Did you ask him if all of what he said about being charged with a traffic offence and being prosecuted still applies to a vehicle that is being driving in an area where road rules don't apply?

Not sure of your area legislation Terry, but in SA, misuse of a motor vehicle can still be applied on private property.