Trailer Hitch Ad: Clarification

by T. C. Pinckney                                                                                                                                   Vol. XXIII, No. 6, June/July 2010

     The May Baptist Banner carried an ad saying, "Governor Bob McDonald has signed into Virginia law Bill # SB 646 mandating a safety-towing device* in addition to safety chains for all ball-hitch trailers pulled by a towing vehicle. After July 1, 2010 you will be in violation."

     Since the ad appeared, I have had several folks contact me indicating that the ad took a portion of the new law out of context. For your information, here is the applicable text of the law:

"CHAPTER 614

"An Act to amend and reenact § 46.2-1118 of the Code of Virginia, relating to tow trucks towing vehicles by means of a wheel lift apparatus.

"Approved April 11, 2010

"Be it enacted by the General Assembly of Virginia:

"1. That § 46.2-1118 of the Code of Virginia is amended and reenacted as follows:

"§ 46.2-1118. Connection between vehicles; tow trucks towing vehicles by means of a wheel lift apparatus.

"The connection between any two vehicles, one of which is towing or drawing the other on a highway, shall consist of a fifth wheel, drawbar, trailer hitch, or other similar device not to exceed 15 feet in length from one vehicle to the other. Any such two vehicles shall, in addition to such drawbar or other similar device, be equipped at all times when so operated on the highway with an emergency chain or cable that is structurally adequate to securely stop and hold the trailer being towed.

"The fifth wheel, drawbar, trailer hitch, or similar device must (i) be structurally adequate for the weight being drawn, (ii) be properly and securely mounted, (iii) provide for adequate articulation at the connection without excessive slack at that location, and (iv) be provided with a locking device that prevents accidental separation of the towed and towing vehicles. The mounting of the fifth wheel, drawbar, trailer hitch, or similar device on the towing vehicle must include reinforcement or bracing of the frame sufficient to produce strength and rigidity of the frame to prevent its undue distortion.

"The foregoing provisions of this section shall not apply to (i) any farm tractor, as defined in § 46.2-100, when such farm tractor is towing any farm implement or farm machinery by means of a drawbar coupled with a safety hitch pin or manufacturer's coupling device or (ii) any tow truck towing a vehicle by means of a wheel lift apparatus that employs a safety strap to hold two of the towed vehicle's wheels within a wheel lift cradle in a manner consistent with instructions of the manufacturer of such wheel lift apparatus.

"For the purposes of this section, "tow truck" means any motor vehicle that is constructed and used primarily for towing, lifting, or otherwise moving illegally parked or disabled vehicles."

For further information the Bill is available to be viewed on line if you Google search "Virginia - Bill # SB 646 "

Comment: 1. Older trailers that do not have a hole in the "manufacturer's coupling device" and therefore cannot comply as a "locking device" will be in violation. 2. Newer trailers that do have holes in the "manufacturer's coupling device" and are towed without being "locked" into place will be in violation.

I trust this clears away any confusion..