Can I get fined for a broken trailer if my car is parked?

OL oliveira65 BR 🌱 Newbie 👁 74 ⚑ Report Car Law

I have an old station wagon that sits in the garage and the trailer is somewhat damaged, but I've never driven with it attached like that. A neighbor said I could get fined even if I'm not using it. Is it true I need to fix it even if I don't drive with the trailer?

3 answers

★ Best answer

The answer depends on the highway code, but generally speaking if the trailer is damaged and registered in your name, you can get fined even when parked in the garage because the law requires all towing equipment to be in safe condition. Best thing is to check with traffic police or your local council if there's any pending notification, because some places only fine you if you're driving, but it's safer to fix it anyway even if you don't use it often - keeps you legal and saves you trouble.

In practice, you'll only get fined for a broken trailer if you're actually driving with it or if the police inspect you in the garage (which is rare). The real risk is if you have an accident and the insurance company uses it as an excuse not to pay. The simplest solution is to unhitch the trailer from the van and store the hitch - that way, even if someone passes by the garage, it's clear you're not in a position to use it, and technically you don't have "damaged equipment attached to the vehicle."

Your neighbor isn't totally wrong, but it's a bit more nuanced than that. Portuguese law requires any registered vehicle (including trailers) to be in safe condition, but there's an important distinction: if the trailer is stationary and has no active registration, or if you never use it on public roads, enforcement is much less likely. The GNR or police aren't going around inspecting garages looking for damaged trailers - the real risk is getting fined if you drive with it or if it's spotted hitched to your car during a traffic stop.

Where things get tricky is if the trailer is still registered and has a valid inspection. If it has an expired ITV or if safety conditions are compromised (broken lights, structural damage, etc.), technically you can be fined even if you don't use it. The safest thing is to check what exactly is damaged: if it's something minor (a light, a mirror), it's worth fixing; if it's structural, maybe it's time to take it off official circulation or sort out the situation with the motor authority.

In short, the risk of a fine increases if someone sees the trailer hitched up or if you're caught during a traffic check, not just from it sitting in the garage. But if you're unsure about the legal status of yours, it's worth confirming directly with the insurance institute or the traffic authority - it's 5 minutes and problem solved.

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