19.11.2024 | Law

“I don’t know about you, but I happen to think brakes are pretty important.” This succinct yet striking statement, made by the Senior Traffic Commissioner during Ashtons Legal’s recent Road Transport Briefing, is a stark reminder of the criticality of brake maintenance and testing in the transport industry. While this may seem self-evident, the practical reality tells a different story.

Brake-related issues remain a frequent cause of concern during roadside inspections, annual tests, and DVSA audits. Many operators attending Traffic Commissioner hearings face discussions on brake maintenance, with outcomes often leading to licence undertakings—most commonly, the requirement for laden roller brake tests at every service inspection.

A Focused Approach to Brake Testing

The DVSA’s recently updated Guide to Maintaining Roadworthiness (GMRW) aims to clarify expectations around brake testing, introducing key updates effective from April 2025:

• Braking performance assessment enhancements
• Use of a decelerometer for testing
• Guidance on Electronic Braking Performance Monitoring Systems (EBPMS)
• Advice on outsourcing maintenance work

While the revisions do not represent dramatic changes, they refine existing guidance to ensure compliance with maintenance standards and operator licence obligations.

Why the Spotlight on Brakes?

Under Regulation 18 of the Road Vehicle (Construction and Use) Regulations 1986, operators must maintain every braking system component in “good and efficient working order.” DVSA and Traffic Commissioners emphasise that this requirement extends beyond visual inspections or replacements; operators must assess actual braking performance during all safety inspections.

Non-compliance often arises from:

• Lack of awareness of the requirements
• Overreliance on external maintenance contractors without proper vetting
• Misinterpretation of brake test reports

Key Updates to Compliance

From April 2025, operators must continue to conduct a brake performance assessment at every inspection and adapt to enhanced requirements for brake testing and documentation:

• Brake assessments are expected to only be by either brake roller, EBPMS or decelerometer with temperature readings.
• An expectation of a minimum of four laden brake tests annually if EBPMS assessments are not used.
• Risk assessments for any unladen tests: Competent persons must document reasons for any deviation from laden testing.
• Comprehensive documentation: Signed test reports, inspection records, and risk assessments must be readily available for DVSA inspection.
• Revised testing timelines: Brake performance assessments can be conducted up to 14 days before a safety inspection (an increase from 7 days).

While operators may seemingly mix laden and unladen testing methods, conducting laden roller brake tests at every service inspection could simplify compliance and reduce administrative burdens.

Challenges with Maintenance Contractors

The updated GMRW reaffirms operator responsibility for vehicle condition, even when using external contractors. Operators must ensure contractors are competent, facilities are adequate, and inspections meet the required standards. Regular maintenance contractor audits, trend analysis, and collaborative reviews are essential for maintaining oversight.

Final Thoughts

Brake testing remains a cornerstone of road safety and compliance. With the April 2025 changes on the horizon, operators must take proactive steps to align their practices with the updated GMRW. Whether conducting risk assessments, using advanced systems like EBPMS, or simply committing to regular laden brake tests, the focus must remain on achieving meaningful performance evaluations at every service inspection, without fail.

As these revisions take effect, the industry will likely witness increased scrutiny during DVSA audits and Traffic Commissioner hearings. Compliance is not optional for operators—it’s the difference between safe, efficient operations and costly disruptions or illegality.

Upcoming Webinar
To assist operators with these upcoming changes, Ashtons Legal will host a webinar on 10 December at 1200 hrs to clarify the updated GMRW guidance and answer any questions. To register for this session with Tim Ridyard or for further information, email toby.whittacker-cook@ashtonslegal.co.uk