An empty car transporter trailer became detached from the towing vehicle, on a left-hand bend, in a 30 mph zone. The trailer then collided with the front offside corner of the Cavalier, which was travelling in the opposite direction.

Statutory Instrument 1995 No 551 amended the Road Vehicles (Construction & Use ) Regulations Act 1986 by inserting regulation 86A). This makes the fitting & use of secondary couplings and/or (dependant on trailer size and type) break-away cables mandatory.

The legislation requires that a trailer of the type involved in this accident be fitted with a break-away cable.

A break-away cable is a device which ensures that in the event of the trailer becoming detached from the towing vehicle the trailer's brakes are automatically applied. The break-away cable is usually a thin wire rope, attached at one end to the base of the trailer hand-brake lever, and at the other end to a secure part of the tow vehicle. In the event of a trailer detachment, the break-away cable becomes tight, activating the hand-brake fully, before itself breaking.

Legislation dictates that the hand-brake efficiency must be at least 18%. Thus, if a trailer becomes detached at 30 mph, the hand-brake is effectively applied and an efficiency of 18% is achieved - all of which are legislative requirements - the trailer will come to a halt in 54 metres or less.

Assessment of the damage suffered by the Cavalier was stated to be consistent with an impact of 35 mph. From witness statements it is believed that the Cavalier was "virtually stationary" at the time of impact. It was therefore deduced that:

1) the trailer became detached at a speed not exceeding 30 mph without a break-away cable correctly fitted;

2) the trailer became detached at a speed not exceeding 30 mph with a break-away cable fitted and which applied the hand brake but which failed to meet the required efficiency.

3) the trailer became detached at a speed exceeding 30 mph with a break-away cable fitted and which applied the hand brake which met the required efficiency.

1) and 2) are contrary to the Road Vehicles (Construction & Use ) Regulations (as amended).

3) is contrary to the speed limit.

An out of Court settlement was reached.

Having suffered leg and hip injuries, the driver made a good recovery and delivered a healthy baby daughter.

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