8 CCR 1507-18 – The Use of Surge Brakes

DEPARTMENT OF PUBLIC SAFETY Colorado State Patrol RULES AND REGULATIONS CONCERNING THE USE OF SURGE BRAKES 8 CCR 1507-18 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ AUTHORITY TO ADOPT RULES RELATING TO THE USE OF SURGE BRAKES The Colorado Department of Public Safety is specifically authorized by §42-4-223(2.5), CRS, to adopt rules regulating the use of surge brakes on trailers in Colorado. I. APPLICABILITY A. These rules shall apply to any person operating a trailer equipped with surge brakes within the State of Colorado with the exception of:

1. Commercial vehicles operating in interstate commerce meeting the definition of a commercial vehicle under 49 CFR 390.5.

i. Commercial vehicles operating interstate are subject to the brake regulations of 49 CFR 393.40 through 393.55.

2. Commercial vehicles as defined in §42-4-235(1)(a), CRS, operating in intrastate commerce are subject to the surge brake requirements of 8 CCR 1507-1. 3. Trailers excepted from being equipped with brakes by §42-4-223(1)(d), CRS. II. DEFINITIONS A. Unless otherwise specified, the following definitions apply to these rules. 1. Surge Brake: As defined by §42-1-102 (102.5), CRS, a system whereby the brakes of a trailer are actuated as a result of the forward pressure of the trailer against the tow vehicle during deceleration.

2. Trailer: As identified by §42-1-102(105), CRS, a trailer shall be any wheeled vehicle, without motive power, designed to be drawn by a motor vehicle and carrying its own cargo load wholly upon its own structure and used to carry and transport property over public highways. As used within these rules:

i. “Trailer” shall also include:

a. Camper trailer as defined by §42-1-102(14), CRS;

b. Multi-purpose trailer as defined by §42-1-102(60.3), CRS; c. Semitrailer as defined by §42-1-102(89), CRS; and d. Trailer coach as defined by §42-1-102(14), CRS.

1 CODE OF COLORADO REGULATIONS 8 CCR 1507-18 Colorado State Patrol ii. “Trailer” shall not include:

a. Utility trailer as defined in §42-1-102(111), CRS.

III. RULES A. Surge brakes may be used on trailers provided they meet all of the following criteria: 1. The Gross Vehicle Weight Rating (GVWR) of the trailer does not exceed 10,000 pounds. 2. The actual gross weight of the trailer does not exceed the GVWR. 3. The GVWR of the trailer(s) cannot exceed 1 ½ times the GVWR of the towing vehicle. 4. Except as exempted within §42-4-223 (1)(C), CRS, trailer brakes must be so designed and connected that in case of an accidental breakaway of the towed vehicle the brakes shall be automatically applied.

5. Brakes must apply to all wheels of the trailer.

6. As required by §42-4-223(2), CRS, the service brakes on the vehicle combination shall be adequate to stop such vehicle when traveling 20 miles per hour within a distance of 40 feet when upon dry asphalt or concrete pavement surface free from loose material where the grade does not exceed one (1) percent.

a) The braking distance specified shall apply whether such vehicle is not loaded or loaded to its maximum capacity.

b) All surge brake systems shall be maintained in good working order and shall be so adjusted as to operate as equally as possible with respect to the wheels on opposite sides of the vehicle.

IV. MISCELLANEOUS A. All communication regarding these rules and/or their applicability should be addressed to: Colorado State Patrol Motor Carrier Safety Section 15075 S. Golden Rd.

Golden CO., 80401 B. All publications and rules adopted and incorporated by reference in these regulations are on file and available for public inspection by contacting the officer in charge of the Colorado State Patrol Motor Carrier Safety Section, 15075 S. Golden Rd., CO., 80401. Materials incorporated by reference may be examined by any state publication depository library. This rule does not include later amendments to or additions of any materials incorporated by reference. _________________________________________________________________________ Editor’s Notes History Entire rule eff. 04/01/2015.