N.C.P.I.—Motor Vehicle 215.83

The motor vehicle law provides that when a [house trailer of 1,000

pounds or more] [trailer having weight of two tons] [semitrailer having a

gross weight of two tons] [(describe towed vehicle) having a gross

weight of two tons], is being towed and is attached by a drawbar or

coupling to a towing vehicle, that towed vehicle must have its own

brakes. The motor vehicle law further provides that the brakes on the

towed vehicle be in good working order, including two separate means of

applying those brakes; that those brakes be controlled or operated by the

driver of the towing vehicle;2 that those brakes be adequate to control

the movement of the towed vehicle; and that those brakes be adequate

to stop and hold the towed vehicle. (If the two separate means of

applying the brakes are connected in any way, they must be constructed

so that the failure of any one part of the operating mechanism shall not

leave the towed vehicle without brakes.)

(Where the operator puts at issue whether he knew or should

have known that the brakes were not in good working order,

or in other appropriate circumstances, the following should

also be given:)3

(However, the operator is not an insurer of the adequacy of the

brakes. The existence of a defect unknown to the operator, not

reasonably discoverable upon proper inspection and not resulting from the

failure of the operator to exercise reasonable care in use or maintenance

of the brakes, would not be a violation of this law and would not be

negligence. On the other hand, if the operator knew or in the exercise of

reasonable care should have known of the defect, or should have

corrected the defect, then operating the vehicle with such defective

brakes would be a violation of this law and is negligence within itself.)