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You didn't say what, if anything was on the circuit. If everything is unplugged from the circuit or disconnected from the circuit and breaker still trips then you have a bad breaker or faulty wiring. If you remove all devices from the circuit and it doesn't trip, you need to find out which device causes the breaker to trip by plugging one device in at a time.

If the disconnect controls a single device like an air conditioner you would have to turn the power off at the main panel and then physically remove the wires connecting the Air Conditioner to the disconnect. Then turn the power back on and see if the disconnect still trips. Again if it does you have a bad breaker or a short somewhere in the box. If it doesn't trip you have a bad motor whose windings are likely shorted or some other condition that is drawing more than 40 Amps.

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Q: Double pole 40Amp breaker on a 240volt disconnet that keeps tripping now why it didn't before?
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