Most goods vehicles’ braking systems used on or after 1st April 1983 are subject to type approval and must comply with the construction, fitting and performance requirements specified in EEC Directive 79/489 (exceptions include some agricultural vehicles, locomotive and works trucks).
The maximum braking force capable of being developed by the brakes of a vehicle is ex-pressed as a percentage of the gross vehicle weight. When design weights exceed those of the maximum authorised gross vehicle weights for the UK then the brakes must be calculated using the design weight.
The minimum braking efficiency requirements, which apply, to type approved vehicles first used on or after 1st April 1983. Goods vehicles registered first used on or after 1st January 1986 and before 1st April 1983 must fulfil the following braking requirements. These also apply to any goods vehicles first used after 1st April 1983 which are not type approved. The minimum efficiencies required are:
It is possible for small trailers, not exceeding 3,500 Kg maximum laden weight, to be used with only a parking brake and overrun brakes (brakes which activate merely by the trailer moving towards the drawing vehicle).
Anti-lock braking systems (ABS) must be fitted to goods vehicles exceeding 16,000Kg gross vehicle weight (gvw) (authorised to tow trailers exceeding 10t gvw) first used from 1 April 1992 and trailers (exceeding 10t gvw manufactured from 1 October 1991).
Goods vehicles first used from 1 May 2002 and trailers manufactured from that date, in either case exceeding 3500kg, must be fitted with ABS. This requirement does not apply to public works vehicles having a maximum design weight of 7500kg designed and used solely for street cleansing.
Liquid fuel tankers and trailers, including any tank with a capacity exceeding 3m3 carried on a vehicle, are exempt from having to comply with the anti-lock electrical connector requirements.
The Road Vehicles (Construction and Use) Regulations 1986 cover braking systems under regulations 15, 16, 18(1), 19 and 87. The regulations are split as follows:
There are additional requirements for motor vehicle/trailers that operate under STGO (Road Vehicles (Authorisation of Special Types) (General) Order 2003).
Fitting Requirements
Regulations 15 and 16 Road Vehicles (Construction and Use) Regulations 1986 concern braking systems which comply with Regulation 15 or which comply with Schedule 3 of the Construction and Use Regulations (Regulation 16) are required to be fitted to all motor vehicles and trailers except:
In other words, brakes are required on a small trailer (unless the trailer falls within another exemption listed above or is an agricultural trailer) if it is overladen, or if the kerbside weight of the drawing vehicle is less than twice the total actual weight of the trailer; e.g. a 500 kg gross unbraked trailer must be towed by a motor vehicle with a kerbside weight of a least 1000 kg.
The type of braking system required to be fitted to a vehicle depends on its type and age. EC braking requirements – regulation 15 – apply, in the main, to vehicles first used on or after 1st April 1983. Construction and Use requirements – regulation 16 – apply all other vehicles except those listed as exempt above.
Maintenance and Efficiency
Regulation 18(1) Road Vehicles (Construction and Use) Regulations 1986 concerns every part of every braking system and the means of operation fitted to a vehicle shall be maintained in good and efficient working order and be properly adjusted except defects on an anti-lock braking system during the journey on which the defect occurred or whilst being driven to a place of repair of the defect.
Brakes must be maintained if they are fitted, even if they are not required. A brake drum or brake disc are part of the wheel and not the braking system – regulation 3(6).
Minimum requirements for the total braking efficiency of a braking system are listed at regulation 18(3) and apply to all motor vehicles and all trailers which are required to have brakes fitted under regulations 15 and 16 except:
Application of Brakes on Trailers
Regulation 19 Road Vehicles (Construction and Use) Regulations 1986 states that where a trailer required to be fitted with brakes is drawn by a motor vehicle the driver shall be in a position to operate the brakes to the motor vehicle and the trailer unless:
In a locomotive, a competent person other than the driver may be used to apply the trailer brake
Mandatory laden brake testing at annual test
DVSA have previously confirmed that most goods vehicles and trailers will have to be appropriately laden for their annual test from 1 January 2023 onwards.
Any goods vehicles and trailers, which are not laden (unless exempt, such as tri-axle semi-trailers or refuse collection vehicles), will be refused a test by DVSA Vehicle Standards Assessors (VSAs). This will mean the loss of the test booking and fee and another booking will have to be made and paid for.
Over the last few months, DVSA have explained why laden brake testing is so important.
Prepare for upcoming tests
DVSA want to ensure that vehicle operators and Authorised Testing Facilities (ATFs) have had enough time to prepare for the change, especially those who have goods vehicles and trailers with a test coming up early in 2023.
You can find more information on how to prepare for a brake test in DVSA’s best practice guide.
Exempt vehicles
The heavy vehicle testing best practice guidance (section 2.1) contains a list of some of the exempted vehicles. It is not an exhaustive list, as each vehicle/trailer type should be dealt with on a case-by-case basis.
Unbraked trailers
Regulation 87 Road Vehicles (Construction and Use) Regulations 1986 concerns unbraked trailers where it is overloaded (its laden weight exceeds its maximum gross weight), or where the weight of the trailer plus its load exceeds half the kerbside weight of the drawing vehicle.
Therefore, brakes are required on a small trailer (unless the trailer falls within another exemption or is an agricultural trailer) if it is overladen, or if the kerbside weight of the drawing vehicle is less than twice the total actual weight of the trailer, e.g. a 500 kg gross unbraked trailer must be towed by a motor vehicle with a kerbside weight of a least 1000 kg.
The type of braking system required to be fitted to a vehicle depends on its type and age. EC braking requirements (regulation 15) would therefore apply in the main, to vehicles first used on or after 1st April 1983. Construction and Use requirements (regulation 16) apply to all other vehicles except those listed within the regulations as being exempt.
Regulation 87 states that, no person shall use, or cause or permit to be used, on a road an unbraked wheeled trailer if:
This regulation does not apply to:
Source – C&U Regulations
