Legal / Insurance implications of building a boat trailer
Submitted by Francis on Wed, 2017-03-01 06:38
I'm trying to confirm this via formal avenues, but in parallel does anyone who has built (or considered building) a boat trailer know about the legal and insurance implications in the event of a failure ?
After some research I'm thinking about building a bolt together, aluminium trailer for approx 1 ton. I have idea's about the design, what size/grade aluminium to buy, trying to avoid electrolysis between aluminium and galv/stainless bolts - but I'm certainly no engineer.
In the event of a trailer failure - even if the trailer passes registration - am I legally liable as the "engineer" of the trailer ?
Would insurance be looking for me as the "engineer" to provide engineering specifications as to why any component that failed was selected (even including bolt size) etc etc
Or worse case if it failed on the road and injured someone, would I be legally liable ?
Obviously I'm not planning on it failing, but I've read little bits and bobs about this without being able to dig up facts. Thought I would investigate this before spending more time researching the design and build specs.
scotto
Posts: 2470
Date Joined: 21/04/08
No.
It would have to be an engineered design (drawings, certification, gross, tare, WLL, etc) to even be considered for registration. If it were a design, you could legally put it together (bolt or weld).
Rob H
Posts: 5745
Date Joined: 18/01/12
na, thats not correct
na, thats not correct Scotto.
There is many home built trailers of all sorts around from box to 3.5t
Above that it becomes alot more complex.
Essentially all the inspector does is have a good look at the materials and quality of build/welding etc
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ranmar850
Posts: 2702
Date Joined: 12/08/12
I beg to differ
There is a standard procedure in ADR's for self-built trailers, and a compliance plate will be issued if you meet the requirements. It can then be registered. I have done this myself, when I wanted a really strong trailer for a 6m boat without paying $10K.
Francis
Posts: 326
Date Joined: 17/06/08
Hi Ranmar, Would that be this
Hi Ranmar,
Would that be this Technical Requirements outline by any chance:
https://infrastructure.gov.au/roads/vehicle_regulation/bulletin/vsb1/vsb_01_b.aspx
I see so many registered custom made trailers that I figure it can't be too complex - unless it was just more simple in the past.
I'm also not sure how one would determine the ATM of a self designed trailer, how to get a VIN assigned or if any of that is actually required for registration (I have heard that the inspector will allocate a VIN)
Rob H
Posts: 5745
Date Joined: 18/01/12
You apply for a VIN from the
You apply for a VIN from the Commonwealth, its nothing to do with State.
NEVDIS I think.
ATM is primarily determined by the running gear and an assessment of the structure by the inspector.
Give a man a mask, and he'll show you his true face...
The older you get the more you realize that no one has a f++king clue what they're doing.
Everyone's just winging it.
sea-kem
Posts: 14853
Date Joined: 30/11/09
Rob is correct, I have just
Rob is correct, I have just been through the whole exercise to build a 5t AGM trailer for a client. From memory anything less than 4.5T (stand corerected) will only require a pit inspection. Even with a 5t trailer you do not require an engineered design but a design that complies with current regs. You then apply to Canberra for a licence to build etc , there is a firm that specialises in doing all this for you as Rob mentioned there are a few hoops to jump through but once you have the licence in place it's fairly straight forward. I was quite stunned that no engineer design is required.
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Rob H
Posts: 5745
Date Joined: 18/01/12
actually yes your correct
actually yes your correct 4.5T, but the suspension fitted would have needed to be ADR approved rather than ADR compliant I believe.
From memory on Martins page there is ADR approved systems for over 4.5T
Give a man a mask, and he'll show you his true face...
The older you get the more you realize that no one has a f++king clue what they're doing.
Everyone's just winging it.
sea-kem
Posts: 14853
Date Joined: 30/11/09
Yeah Martins were pretty
Yeah Martins were pretty good when I was researching this and they gave me a complete breakdown of parts that would need to comply with the ADR guidline. Not a cheap exercise, still hoping to get this project something I'd like to sink my teeth into. I think francis you will want a licenced mechanic to do your braking system though, just for ass covering.
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Francis
Posts: 326
Date Joined: 17/06/08
I just found the VIN
I just found the VIN application form online on the DoT website - that looks like a peice of cake.
Do you know if a license to build is required for a trailer less than 3.5/4.5T ?
I'm also suprsed that no engineering sign-off / records are required but it explains why there are so many small custom boat trailers around. So essentially it's just a matter of satisfying yourself (and the inspector) that the structure meets the requirements. I imagine it wouldn't be too hard to make an educated guess on the max load as the supplier(s) of the trailer parts, aluminium extrusions and bolts etc can provide the weight specifications. But then it gets complicated when drilling holes in C-Channel for the bolts etc and estimating how much impact that has on the structural ability.
Maybe I'm overthinking it - but the worse case scenario of the boat coming off the trailer on a highway into on-coming traffic scares me
sea-kem
Posts: 14853
Date Joined: 30/11/09
Mate, just get the heat
Mate, just get the heat certificates when you build the trailer, once again for ass covering and get locally milled not imported materials. As long as you follow the guidlines I think you'll be right.
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Rob H
Posts: 5745
Date Joined: 18/01/12
The trailer rolling gear is
The trailer rolling gear is easy-the lowest of the rated parts is what it is.
So (for dual axle) if your axles are 2 tonne, brakes 1500, tyres/rims 650 each then 2600kg would be the max
Dont forget that if you use non load share gear (torsion and some others) your axle load rating must be 120% of what will be stamped.
In the above example with torsions it'd be max 2166kg (2600/120%)
The aluminium, no supplier is going to tell you anything about the load rating as to calculate that requires a structural and/or vehicle engineer.
Just copy sizes of another reputable one, and structure.
Your name will go on the plate as "manufacturer", so Id suggest dont skimp on scantlings.
Give a man a mask, and he'll show you his true face...
The older you get the more you realize that no one has a f++king clue what they're doing.
Everyone's just winging it.
Paul H
Posts: 2104
Date Joined: 18/01/07
To the best of my knowledge
To the best of my knowledge once passed inspection and registered I doubt anything would fall back on you as the builder. It could fall on you as the driver as it is the drivers resposibility to make sure your vehicle/trailer is roadworthy (including chains and shakles etc) and maintained (including loads secured).
Only exception to that that I am aware of would be with heavy vehicles where the company (such as a trucking company) can be equally responsible in certain circs
There is no issue with self servicing but I'd suggest keeping records/reciepts etc as proof.
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Rob H
Posts: 5745
Date Joined: 18/01/12
Not sure for where you are
Not sure for where you are Paul but here in WA if there is no manufacturer paperwork your name goes on the VIN plate as manufacturer.
Our local inspector said it was due to some substandard trailers and to stop people putting "Donald Duck" or Mickey Mouse" as the manufacturer
Give a man a mask, and he'll show you his true face...
The older you get the more you realize that no one has a f++king clue what they're doing.
Everyone's just winging it.
Paul H
Posts: 2104
Date Joined: 18/01/07
I'm in SA Rob but to my
I'm in SA Rob but to my knowledge the only difference is with safety chain standards and possibly trailer brake system requirements - if these are not up to scratch I'm assuming it would not pass inspection/get rego in the first place.
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Francis
Posts: 326
Date Joined: 17/06/08
Thanks for the info guys,
Thanks for the info guys, really appreciate it.
Paul, what your sayings seems to be in line with the info I have been able to dig up from various sources such as DoT etc I have sent some emails and made some calls so will see if I get anything formalised.
Rob I found out this morning that the ali suppliers won't say anything about the materical specification when I called Capral - So it looks like i'll keep pushing on with investigating the best size material etc. I plan to over engineer it to the best of my knowledge and as suggested will take specs from other reputable trailer builders.