A Troopers Perspective

trooperMore about utility trailers

 The trouble with writing a column like this (sometimes) is like just simply writing tickets.  By the time the word gets around there is little of the talk that resembles the truth.  Those of us fortunate enough to live in small, rural communities like Cimarron County and Boise City would admit to this I think.

I have written in past weeks about the fact that the law clearly requires trailers to be properly equipped with safety equipment such as lights, fenders and/or mud flaps, safety chains and in the case of larger and heavy trailers they must have brakes.

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 To date, not I or any other officer I am aware of has been routinely stopping trailers and water tank trailers to see if they have brakes.  If over 3,000 lbs gross/total trailer the law says and has said for many years you MUST have adequate trailer brakes.  Bottom line is that this IS THE LAW.  Most importantly is that this law is in place for the safety of anyone pulling such a trailer, but also for everyone else on a road in a vehicle.  When pulling such a trailer on a roadway and through a town it is in place to also protect people on foot and property of others. 

If everyone pulling a 1000 gallon water tank weighing as much as 10,000-12,000 pounds or a loaded stock trailer avoided main streets and always drove at slow and careful speeds on “back roads” then there might not need to be a law to protect the driver of the vehicle or everyone else.  The problem is that this is not what happens.

 I believe in trying to find ways to prevents accidents from happening rather than just literally hose the blood off the road after accidents happen.  Times change and we all must change with them.  The time and day has come that trailers must be legally equipped so that accidents can hopefully be prevented.  As I said before, 2009 may bring increased enforcement in this area so please do what you can to get legal.

 Laws regarding trailer equipment have been in place for many years as I said before.  One person recently stated I should recommend mechanics or shops that can “retrofit” trailers to comply with this law since I am bringing this up.

Quite simply my job is to enforce existing law.  It is not within OHP policy nor would it be fair if I was to recommend mechanics or shops because I can not possibly know all who do this work.  To leave anyone out would be wrong and simply bring complaints on me.  I am certain everyone knows a local mechanic.

 To clear up one misconception small utility trailers weighing a total/gross weight of less than 3,000 lbs. are not required to have brakes.  Over that you are required by law to have them.  If in an accident where you are pulling a heavy trailer required by law to have brakes and you injure or kill someone I can say with certainty you will wish you had if not. 

 Not I or any local law enforcement officer wants to make it hard on any local farmer or rancher but this is one law that is being flagrantly violated and it is quite simply a “safety issue”.  I am simply trying to give everyone a fair chance to get their trailers legal.  I accept that this is not a popular action on my part but as I said earlier I would rather try to get everyone to comply this way than to issue tickets.  If pushed, officers have the authority to impound any unsafe vehicle or trailer.  I sincerely hope it does not come to that.

 As I said before please contact me if you have questions about this law.  If you want to read it for yourself refer to Oklahoma Statute Title 47 chapter 12 which is titled “equipment of vehicles”.  If you see me somewhere and want to look at my book you are welcome anytime.  If in the courthouse you can ask the sheriff, a deputy or dispatcher to see their “title 47″ as we call it.  You can also access the statutes on-line.

 I hope this issue, over time, will resolve itself so that enforcement is not needed.  Please do what you can to get trailers in compliance with the law.

  Trooper Duane Johnson #280

Oklahoma Highway Patrol

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Published in:  on January 20, 2009 at 11:44 am Comments (3)
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  1. Dear Trooper Johnson:

    Please go to http://www.dangeroustrailers.org As you already know.. no safety standards are in place for any trailer just one pound under 3,000 pounds. I have recorded 6 police officers 1 FBI agent and 2 Fireman with over 4,000 people killed, over 280,000 injured and 340,000 things damaged by Passenger Cars towing trailers since 1999.

    In fact NO federal standards are in place for Trailer Hitches. Anybody can build one and no inspections take place.

    I just don’t understand why we don’t address this pressing issue?

    This just happend and he got no time…

    Man gets probation after pleads guilty to vehicular homicide

    By David Atchison
    01-16-2009

    PELL CITY – A man was given probation after pleading guilty to the vehicular homicide of a Cropwell woman.

    St. Clair County Judge Charles Robinson sentenced Blake Alan Brown, 24, of Pell City to 2 years in prison for the April 18, 2007, vehicular homicide of Rosea Mae Beavers, 57, of Cropwell. Robinson suspended the 2-year prison sentence and gave Brown three years supervised probation.

    Under Robinson’s order, Brown is also required to pay restitution in the amount of $1,250 to the Alabama Crime Victims Compensation Commission.

    Robinson also ordered Brown to have his work trailer inspected every six months by state officials.

    Beavers was killed when a trailer Brown was towing came loose from his vehicle and struck Beavers’ driver’s side door. The accident happened on U.S. 231, near CVS Pharmacy in Pell City.

    “They were disappointed,” said Matt Abbott, a Pell City attorney who represented the Beavers family in a civil case. “It was very emotional for them. They will accept the judge’s order and move forward.”

    Brown pleaded guilty to vehicular homicide in open court last month.

    Shortly after Brown pleaded guilty, St. Clair County Assistant District Attorney Lamar Williamson said Brown made an open plea in court, which means there was no agreement between the state and the defendant.

    “Our deepest sympathy goes out to the Beavers family and with their loss,” said Lyle Harmon, the defense attorney who represented Brown. “On behalf of Blake and his family, we hope that the healing process can begin. I can only imagine the grief and the struggle of the Beavers family.

    “In regards to the sentence, I certainly feel Judge Robinson struggled with what to do and the Brown family is grateful for the sentence that was imposed,” Harmon said.

    According to The Daily Home news account of the accident, Beavers had just turned out of the CVS parking lot in her Ford Focus, heading south on U.S. 231, when the trailer Brown was towing came lose from his vehicle, crossed the highway and struck her vehicle.

    A Lifesaver helicopter was called to the scene and landed at Avondale Park on U.S. 78, but Beavers died while being transported by ambulance to the landing site.

    “Mr. Brown’s irresponsible behavior resulted in the tragic and untimely death of Ms. Rosea Green Beavers,” District Attorney Richard Minor said Thursday. “The public needs to be aware that any reckless behavior on our roads and highways which result in serious injury or death can be prosecuted by the state of Alabama, as was done in this case. The judge’s sentence will never bring Ms. Rosea back to the family and friends who adored her, but perhaps it will help prevent another careless fatality.”

    About David Atchison

    David Atchison is Pell City news editor for The Daily Home.

  2. Dear Trooper Johnson:

    Thank you for posting my comments.

    Here is a VCU Crash Team report on a fatality in Virginia…
    Noting has been done because the Utility Trailer industry with Carry On trailers has stopped any more efforts..

    Here is the last page of the Crash Team’s Report:
    http://www.dangeroustrailers.org/uploads/TA14new.pdf

    “In Summary, this crash was caused when a homemade trailer detached from the pick up
    that towed it. It struck a Cadillac traveling in lthe opposing lanes of traffic, fatally
    injuring the driver. Trailers are a special class of vehicle and all are subject to some
    requirements regarding lights and chains. While the Code exempts some smaller trailers,
    those designed to carry over 3000 pounds are required to have brakes and to be inspected
    beyond the initial visual confirmations of a VIN plate.

    “HOWEVER, VIRGINIA STATE CODE IS SILENT AS TO ANY DESIGN OR
    CONSTRUCTION SPECIFICATIONS FOR THOSE VEHICLES OR FOR TOWING
    CHAINS AND HITCHES. The purpose of this TECHNICAL ALERT is to draw attention
    to the POTENTIAL dangers of unsafe trailers on roadways in the Commonwealth. In many
    cases, towed trailers may be in OBVIOUS violations of safety codes that relate to lighting,
    braking and inspection requirements. Wherever possible, LAW ENFORCEMENT OFFICERS
    should be trained in ways to quickly and easily identify such vehicles. In other cases, a trailer
    may meet all legal requirements but still be hazardous when used in transportation. THE TEAM
    RECOMMENDS THAT THE DEPARTMENT OF MOTOR VEHICLES, THE DEPARTMENT
    OF STATE POLICE AND OR MEMBERS OF THE VIRGINIA GENERAL ASSEMBLY
    REVIEW THE CURRENT ADMINISTRATIVE CODE AND CONSIDER WAYS TO
    IMPROVE SAFETY WITH REGARD TO TRAILERS OPERATED ON VIRGINIA ROADS.

    Here is why… look at the money…
    Contributions Reported by Wittman Committees from
    Carry-on Trailer Inc

    Location: Lavonia, GA
    Industry: Miscellaneous Manufacturing

    >From through (select all years )
    All Receipts Cash In-Kind Loans Contributions Totaling $5,000
    Amount Date Committee Description
    $2,500 03/21/2007 Wittman for Delegate – Robert Cash Donation
    $2,500 09/27/2005 Wittman for Delegate – Robert Cash Donation

    Here is a court document on a family that was killed in Pittsburg… the car was hit so hard by the loose trailer the door was found over 125 feet from the car.

    http://www.dangeroustrailers.org/uploads/LAtimesmorrison.pdf

    Then I called the Utility Trailer industry to help… and then they do this…

    Pollard’s record on public safety becomes issue in campaign
    Kat Ballentine 12.SEP.07
    Albert C. Pollard, the Democratic candidate for the senate seat for the 28th District, has come under scrutiny for past and present legislative programs that Republican opponent Richard Stuart and others claim would endanger public safety.

    Pollard is also taking heat from transportation safety advocates who opposed his draft legislation to exempt mesh trailers under three thousand pounds from state inspection. Traditionally, Virginia legislation required that trailers weighing less than 3,000 pounds have either two or more reflectors of an approved type, or at least 100 square inches of reflective material, to outline the rear end of the trailer. In 2005, Pollard patroned legislation which would have redefined a utility trailer so as to exempt it entirely from the requirements of approved reflectors or reflectorized material to outline the trailer. Pollard’s bill (HB4290) defined a utility trailer as a device “whose body and tailgate consist largely or exclusively of mesh and whose end extends 18 inches or more beyond its tail lights.”

    In 2005, the year of Pollard’s bill to reduce regulation of utility trailers, he received more than $3,200 in campaign money from Richmond and national lobbyists for transportation interests, including independent auto dealers and trucking interests, according to records maintained by the Virginia Public Access Project (VPAP.org). Public safety crusader Ron Melancon, who successfully lobbied to remove Pollard’s definition of a utility trailer from the final bill, accuses Pollard of acting at the behest of the trucking and transportation industry to the detriment of public safety.

    In an interview this week, Melancon noted that under Pollard’s attempted legal change, anyone could build a trailer under 3,000 pounds without any inspection requirement or trailer-outlining reflection. Campaigning on behalf of public-safety interests in 2005, Melancon convinced senators that under Pollard’s bill, one could have a mile-long trailer with only a single set of tail lights positioned 18 inches from the bumper. Melancon keeps a registry of all of the accidents involving defective utility trailers at http://www.dangeroustrailers.com, and his registry now includes the recent Bay Bridge accident that claimed three lives this spring. In 2005, the State Senate’s focus on examples of the evident danger doomed Pollard’s attempt to relax safety standards.

    To shed more light on our efforts…. and to prove that this issue is important…

    The Ford Pinto… 1.4 million recalled because when you hit the car the car exploded… 84 people died…

    The Firestone Tire Recall… over 40 million tires recalled… 174 people died…

    The Baby Crib recall… 1.2 million recalled 3 babies died…

    Utility trailers that come loose… not maintained and blow tires and kill over 4,000 people in just 8 years and what do we do???

    Nothing…

    This is just not right.

  3. Docs remaining: 44
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    The Daily Oklahoman

    June 7, 1986
    Section: NEWS

    Topics:
    Index Terms:
    HIT AND RUN ACCIDENT

    Texas Police Seek Hit, Run Suspect
    Author: Paul Shell

    Article Text:

    Texas authorities are offering a reward for a man who may be in Oklahoma City.

    James Neil Hartman, 32, is wanted in connection with the May 23 death of Mansfield, Texas, police officer Danny Cordes.

    Cordes, 46, was killed in Mansfield while on patrol. He died after a trailer broke loose from an oncoming vehicle believed driven by Hartman and struck his motorcycle head-on.

    Police believe Hartman may be in the Oklahoma City area because Mansfield police received calls from a man identifying himself as Hartman who said he was in Oklahoma City and promised to surrender. However, Hartman has yet to turn up.

    Hartman also uses the name Robert Lee Schrand and may be with his wife, Barbara Jean, who also uses the last name of Schrand, police said.

    He is 5-feet-10 inches tall, weighs between 180 and 200 pounds and has brown eyes and hair.

    Hartman is an escapee from the Missouri State Prison in Kansas City, Mo.

    The Texas Crimestoppers program offers a cash reward for information leading to Hartman’s arrest. Anyone with information can call the Oklahoma City Crimestoppers number, 235-7300.

    Copyright 1986, 1995 Oklahoma Publishing Company
    Record Number: OKC817360


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