Every semitrailer, trailer, or separate vehicle attached by a drawbar, chain, or coupling to a towing vehicle other than a farm tractor or a vehicle not required to obtain a registration certificate and having an actual gross weight of 3,000 pounds or more, shall be equipped with brakes controlled or operated by the driver of the towing vehicle, which shall conform to the specifications set forth in § 46.2-1067 and shall be of a type approved by the Superintendent. Farm trailers used exclusively for hauling raw agricultural produce from farm to farm or farm to packing shed or processing plant within the normal growing area of the packing shed or processing plant and trailers or semitrailers drawn by a properly licensed motor vehicle but exempt from registration, shall be exempt from the requirements of this section.

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Terms Used In Virginia Code 46.2-1070

  • farm: means any person that obtains at least 51 percent of its annual gross income from agricultural operations and produces the agricultural waste used as feedstock for the waste-to-energy technology, (ii) "agricultural waste" means biomass waste materials capable of decomposition that are produced from the raising of plants and animals during agricultural operations, including animal manures, bedding, plant stalks, hulls, and vegetable matter, and (iii) "waste-to-energy technology" means any technology, including but not limited to a methane digester, that converts agricultural waste into gas, steam, or heat that is used to generate electricity on-site. See Virginia Code 1-222.1
  • Includes: means includes, but not limited to. See Virginia Code 1-218
  • Semitrailer: means every vehicle of the trailer type so designed and used in conjunction with a motor vehicle that some part of its own weight and that of its own load rests on or is carried by another vehicle. See Virginia Code 46.2-100
  • Superintendent: means the Superintendent of the Department of State Police of the Commonwealth. See Virginia Code 46.2-100
  • Tow truck: means a motor vehicle for hire (i) designed to lift, pull, or carry another vehicle by means of a hoist or other mechanical apparatus and (ii) having a manufacturer's gross vehicle weight rating of at least 10,000 pounds. See Virginia Code 46.2-100
  • Trailer: means every vehicle without motive power designed for carrying property or passengers wholly on its own structure and for being drawn by a motor vehicle, including manufactured homes. See Virginia Code 46.2-100
  • Vehicle: means every device in, on or by which any person or property is or may be transported or drawn on a highway, except personal delivery devices and devices moved by human power or used exclusively on stationary rails or tracks. See Virginia Code 46.2-100

“Gross weight” for the purpose of this section includes weight of the vehicle and the load upon such semitrailer, trailer, or separate vehicle.

This section shall not apply to any vehicle being towed for repairs, repossession, in an emergency, or being moved by a tow truck when two wheels of the towed vehicle are off the ground.

Code 1950, § 46-286; 1958, c. 541, § 46.1-280; 1959, Ex. Sess., cc. 21, 90; 1962, c. 313; 1966, c. 654; 1968, c. 164; 1970, c. 169; 1989, c. 727; 2006, cc. 874, 891.