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PARRIS N. GLENDENING, Governor
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S.B. 302
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September 30, [2002] 2005, with no further action required by the General Assembly,
this Act shall be abrogated and of no further force and effect.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
July 1, 2002.
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May 15, 2002
The Honorable Thomas V. Mike Miller, Jr.
President of the Senate
State House
Annapolis MD 21401
Dear Mr. President:
In accordance with Article II, Section 17 of the Maryland Constitution, I have today
vetoed Senate Bill 302 - Vehicle Laws - Trailers and Semitrailers — Surge Brakes.
Senate Bill 302 authorizes a trailer or semitrailer that is secured behind a vehicle to
be equipped with "surge brakes" if the trailer or semitrailer operates in Maryland
only and weighs less than 10,000 pounds. Surge brakes operate when the inertia of
the trailer pushes against the towing vehicle as it brakes and powers the brakes that
are applied to the trailer wheels. Surge brakes currently do not meet federal or State
transportation safety standards.
Federal Motor Carrier Safety regulations cover any vehicle with a gross weight of
over 10,000 pounds or any vehicle used in interstate travel. Federal rules require a
vehicle's brakes to work at all times and under any conditions. Surge brakes do not
meet this criteria because they only work when a trailer is moving forward. When the
forward motion stops, the brakes are released. The brakes do not work at all when a
vehicle is going backwards. As a result, federal regulations explicitly prohibit the use
of surge brakes on trailers and semitrailers. Maryland law requires all trailers over
3,000 pounds to be equipped with brakes that meet the federal standards.
During the 2002 Session, the Maryland Department of State Police and the
Department of Transportation opposed this legislation because it would establish a
vehicle safety standard in Maryland that is less stringent than the federal safety
standard. Of particular concern, surge brakes are completely inoperable when a
vehicle and trailer are moving backwards. Another problem raised by opponents
relates to enforcement of the new safety standard. Maryland is a small State and it
will be extremely difficult to enforce the requirement that vehicles with surge brakes
travel only within the geographic boundaries of Maryland.
Based on the above objections, it is not in the public's best interest to sign Senate Bill
302 into law. It is worth noting that surge brakes are illegal in an overwhelming
majority of states in the nation. At this time, there is not adequate justification for
Maryland to break from federal transportation safety standards and adopt a weaker
standard for trailers and semitrailers operating on the roads and highways of our
State. However, the U.S. Department of Transportation is in the process of reviewing
a study on the operation and safety of surge brakes. It is a more prudent course of
action for Maryland to wait until the U.S. DOT completes its review and makes
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