The RAC (Royal Automobile Club) states on its website that in 2023 there were over 41.4 million vehicles using the UK’s roads every year.  Of those vehicles there were 5,012,632 vans and 625,873 vehicles designated as heavy goods vehicles.  With all those vehicles on the roads ensuring that safety standards are adhered to is increasingly important.

In the latest version of the DVSA’s Guide to Maintaining Roadworthiness, section 5.3 emphasises the critical importance of brake performance testing as part of a vehicle’s safety inspection.  Currently the guidance mandates that a trailer should undergo a laden roller brake test (RBT) brake testing at least four times per year with one of those tests required during the vehicle’s MOT.  Unless the vehicle is exempt, each RBT (Roller Brake Test) must be performed with the vehicle/trailer fully laden and carrying at least 65% of its maximum weight capacity.

In April 2025 the brake testing regime guidance will change and a RBT or an Electronic Break Performance Monitoring System (EBPMS) will become the primary means for checking a vehicle’s and/or trailer’s brake performance.  The DVSA states in the Guide to Maintaining Roadworthiness that “a high percentage of MOT braking defects are only found during a braking performance test”, hence the requirement for every safety inspection undertaken from April 2025 onwards to assess braking performance of a vehicle and/or trailer, using “either an RBT, a suitable electronic brake performance monitoring system (EBPMS) or a decelerometer with temperature readings”.

Roller Break Tests vs. Electronic Break Performance Monitoring Systems

RBT’s have been the industry standard for brake testing for many years.  In these tests each wheel on the vehicle is tested using drive rollers to turn the wheels before the vehicle’s brakes are applied.

The EBPM system (Electronic Break Performance Monitoring System) monitors in-service braking performance and provides comprehensive reports with many systems combined with the vehicle’s ‘telematics’ that monitor continuously the vehicle’s braking performance during its daily use.  The reports that an EBPMS can supply can be shared with the DVSA and used to demonstrate compliance with the DVSA brake performance requirements and in doing so can reduce the number of brake roller tests from four in a given year to just one.  The DVSA guidance does state that EBPMS cannot entirely replace a RBT.  An RBT must be undertaken during a vehicle’s annual MOT.

Risk Assessments by a “Competent” Person

The new guidance from the DVSA allows for a “competent” person to undertake a risk assessment of a vehicle when it is not possible for a laden brake test to be carried out.  In order to qualify as a “competent” person they must possess a comprehensive understanding of braking systems and components.  The guidance continues: “…for these purposes competence can be described as the combination of training, skills experience and knowledge that a person has and their ability to apply them to perform a task safely.  Other factors such as attitude and physical ability, can also affect someone’s competence.  Operators should take account of the competence of relevant employees when conducting risk assessments”.  The use of contractors is permissible, but the Operator of the vehicle or trailer retains the responsibility to ensure that the contractor is “competent”.

If using EBPMS to monitor your vehicles for brake performance, there must be an “evaluation” of the vehicle/trailer performance report before every safety inspection by the designated competent person who can properly interpret the data produced.  The evaluation must be signed and dated and filed with the vehicle record together with the performance data report.

Vehicle Risk Assessments:

The new guidance allows for a risk assessment to be completed to support every safety inspection where a laden brake test is not completed and where an EBPMS evaluation is not available for the vehicle.  The risk assessment must be evaluated as part of the safety inspection in order to confirm that the assessment is still relevant and the assessment must be reviewed every 12 months, or sooner if the use of the vehicle or trailer has changed in the 12 month period to ensure that the risk assessment is still accurate and up to date.

Risk Assessments should include:

• Age and type of vehicle
• Recommendations of the vehicle manufacturer
• Nature of the vehicle’s load, the equipment, and fittings it carries or supports
• Type and range of operations on which the vehicle is likely to be engaged
• Type of terrain and the nature of the environment in which the vehicle operates or is likely to operate.
• Distance and speeds at which the vehicle travels and the journey times involved.
• Previous inspection brake performance results
• Previous inspection brake system and component condition
• Acceptable reasons for not carrying out a laden brake assessment.

The risk assessment must be retained with the vehicle maintenance documents for 15 months and produced if required to by the authorities.  A DVSA risk assessment template can be found by clicking here .

Acceptable Reasons for not Carrying out a Laden Brake Assessment:

The DVSA acknowledges that there are vehicles where laden brake assessments may not be possible or where additional loading would be difficult.  Some examples of vehicles that might fall into this category are;

• Livestock carriers
• Noxious load carriers
• PSV vehicles, including prisoner transfer vehicles, and
• Furniture removal vehicles.

But, the guidance notes that there is still a requirement to carry out a braking performance assessment and an assessment of the braking components at every safety inspection.

You have the Report – Do you know how to Interpret it?

In our experience, it is a frequent occurrence for clients of the practice who are asked to attend a Public Inquiry, that their brake test reports are not interpreted correctly either by themselves or their maintenance contractors.  The fact that an RBT report has the word ‘passed’ on it is not necessarily enough!

Making sure that whomever is reviewing your vehicle’s brake test reports correctly is crucial and should not be undertaken lightly.  As many readers will know, in 2015 there was a horrible accident in Bath involving Grittenham Haulage Ltd caused by faulty brakes which allowed the 32 tonne Scania lorry to speed out of control down Lansdown Hill in the town killing 4 people and seriously injured the grandmother of one of the people killed.  The owner of the company and his mechanic where jailed in 2017 for manslaughter.

The DVSA offers several guides to assist operators with managing this important part of their maintenance processes.  Click here to review the “Heavy Vehicle Brake Test: Best Practice” guide.

Or, click here to review “Understanding your HGV or trailer brake test report”.

If you would like further assistance with setting up your operation’s or a review of your brake test reports then we are here to help.  Give us a call now on 01279 818280 or click here to send us an email.  Our expert solicitors have been reviewing brake test reports for 40 odd years collectively and are here to help.

© Richard Pelly, March 2025