61-9-308. Two means of emergency brake operation. (1) A towing vehicle, when used to tow another vehicle equipped with air controlled brakes, in other than driveaway or towaway operations, must be equipped with two means for emergency application of the trailer brakes. One of these means must apply the brakes automatically in the event of a reduction of the towing vehicle air supply to a fixed pressure that may not be lower than 20 pounds per square inch or higher than 45 pounds per square inch. The other means must be a manually controlled device for applying and releasing the brakes, readily operable by a person seated in the driving seat, and its emergency position or method of operation must be clearly indicated. The manual means may not be arranged to prevent operation of the automatic means. The automatic and the manual means required by this section may be separate.

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Terms Used In Montana Code 61-9-308

  • person: means an individual, corporation, partnership, limited partnership, limited liability company, association, joint venture, state agency, local government unit, another state government, the United States, a political subdivision of this or another state, or any other legal or commercial entity. See Montana Code 61-1-101
  • Trailer: means a vehicle, with or without motive power, other than a pole trailer, designed for carrying property and for being drawn by a motor vehicle and constructed so that no part of its weight rests on the towing vehicle. See Montana Code 61-1-101
  • Vehicle: means a device in, on, or by which any person or property may be transported or drawn on a public highway, except devices moved by animal power or used exclusively on stationary rails or tracks. See Montana Code 61-1-101

(2)A towing vehicle used to tow other vehicles equipped with vacuum brakes, in operations other than driveaway or towaway operations, must have, in addition to the single control device required by 61-9-309, a second control device that can be used to operate the brakes on towed vehicles in emergencies. The second control must be independent of brake air, hydraulic, and other pressure, and independent of other controls, unless the braking system is so arranged that failure of the pressure upon which the second control depends causes the towed vehicle brakes to be applied automatically. The second control is not required to provide modulated braking.