Search Legislation

Directive 2009/40/EC of the European Parliament and of the Council (repealed)Show full title

Directive 2009/40/EC of the European Parliament and of the Council of 6 May 2009 on roadworthiness tests for motor vehicles and their trailers (Recast) (Text with EEA relevance) (repealed)

 Help about what version

What Version

 Help about advanced features

Advanced Features

More Resources

 Help about UK-EU Regulation

Legislation originating from the EU

When the UK left the EU, legislation.gov.uk published EU legislation that had been published by the EU up to IP completion day (31 December 2020 11.00 p.m.). On legislation.gov.uk, these items of legislation are kept up-to-date with any amendments made by the UK since then.

Close

This item of legislation originated from the EU

Legislation.gov.uk publishes the UK version. EUR-Lex publishes the EU version. The EU Exit Web Archive holds a snapshot of EUR-Lex’s version from IP completion day (31 December 2020 11.00 p.m.).

Changes over time for: VEHICLES IN CATEGORIES 1, 2, 3, 4, 5 AND 6

 Help about opening options

Version Superseded: 28/07/2010

Status:

EU Directives are published on this site to aid cross referencing from UK legislation. Since IP completion day (31 December 2020 11.00 p.m.) no amendments have been applied to this version.

VEHICLES IN CATEGORIES 1, 2, 3, 4, 5 AND 6U.K.

1. Braking systems U.K.

The following items are to be included in the roadworthiness test of vehicle braking systems. The test results achieved during the checks on the braking systems must be equivalent as far as is practicable to the technical requirements of Directive 71/320/EEC.

a

48 % for category 1 vehicles not fitted with ABS, or type-approved before 1 October 1991 (date of prohibition of first putting into circulation without EC component type-approval) (Directive 71/320/EEC).

b

45 % for vehicles registered after 1988 or from the date of application of Directive 71/320/EEC, under Member States’ national legislation, whichever is the later.

c

43 % for semi-trailers and draw-bar trailers registered after 1988 or from the date of application of Directive 71/320/EEC, under Member States’ national legislation, whichever is the later.

d

50 % for category 5 vehicles registered after 1988 or from the date of application of Directive 71/320/EEC, under Member States’ national legislation, whichever is the later.

e

The reference value for the vehicle axle is the braking effort (expressed in newtons) necessary to achieve this minimum prescribed braking force at the particular weight that the vehicle is presented.

f

For category 2 and 5 vehicles the minimum secondary brake performance must be 2,2 m/s2 (as the secondary brake performance was not covered by Directive 71/320/EEC).

Items to be checked/tested Reasons for failure
1.1.Mechanical condition and operation
1.1.1.Footbrake pedal pivot
  • too tight

  • bearing worn

  • excessive wear/play

1.1.2.Pedal condition and travel of the brake operating device
  • excessive or insufficient reserve travel

  • brake control not releasing correctly

  • anti-slip provision on brake pedal missing, loose or worn smooth

1.1.3.Vacuum pump or compressor and reservoirs
  • time taken to build up air pressure/vacuum for the effective operation of the brakes is excessive

  • insufficient air pressure/vacuum to give assistance for at least two applications of the brake after the warning device has operated (or gauge shows unsafe reading)

  • air leak causing a noticeable drop in pressure or audible air leaks

1.1.4.Low pressure warning indicator or gauge
  • malfunctioning or defective low pressure indicator/air pressure gauge

1.1.5.Hand-operated brake control valve
  • cracked or damaged control, excessive wear

  • malfunction of control valve

  • control insecure on valve spindle or valve unit insecure

  • connections loose or leak in system

  • unsatisfactory operation

1.1.6.Parking brake, lever control, parking brake ratchet
  • parking brake ratchet not holding correctly

  • excessive wear at lever pivot or ratchet mechanism

  • excessive movement of lever indicating incorrect adjustment

1.1.7.Braking valves (foot valves, unloaders, governors, etc.)
  • damaged, excessive air leakage

  • excessive discharge of oil from compressor

  • insecure/inadequate mounting

  • discharge of hydraulic brake fluid

1.1.8.Couplings for trailer brakes
  • defective isolation taps or self-sealing valve

  • insecure/inadequate mounting

  • excessive leaks

1.1.9.Energy storage reservoir pressure tank
  • damaged, corroded, leaking

  • drain device inoperative

  • insecure/inadequate mounting

1.1.10.Brake servo units, master cylinder (hydraulic systems)
  • servo unit is defective or ineffective

  • master cylinder defective or leaking

  • master cylinder insecure

  • insufficient quantity of brake fluid

  • master cylinder reservoir cap missing

  • brake fluid warning lamp illuminated or defective

  • incorrect functioning of brake fluid level warning device

1.1.11.Rigid brake pipes
  • risk of failure or fracture

  • leaks from pipes or connections to coupling

  • damaged or excessively corroded

  • misplaced

1.1.12.Flexible brake hoses
  • risk of failure or fracture

  • damaged, chafing, brake hoses too short, twisted

  • leaks from hoses or couplings

  • hose bulging under pressure

  • porosity

1.1.13.Brake coverings (lining pads)
  • excessive wear

  • contaminated (oil, grease, etc.)

1.1.14.Brake drums, brake discs
  • excessive wear, excessive scoring, cracks, insecure or fractured

  • contaminated (oil, grease, etc.)

  • backplate insecure

1.1.15.Brake cables, rods, levers linkage
  • cables damaged, knotted

  • excessively worn or corroded

  • cable or rod joint insecure

  • cable guide defective

  • any restriction to free movement of the braking system

  • any abnormal movement of levers/rods/linkage indicating maladjustment or excessive wear

1.1.16.Brake actuators (including spring brakes or hydraulic wheel cylinders)
  • cracked or damaged

  • leaking

  • insecure/inadequate mounting

  • excessively corroded

  • excessive travel of operating piston or diaphragm mechanism

  • dust protection cover missing or excessively damaged

1.1.17.Load sensing valve
  • defective linkage

  • incorrect adjustment

  • seized, not working

  • missing

1.1.18.Automatic slack adjusters indicating
  • seized or abnormal movement, excessive wear or wrong adjustment

  • defective

1.1.19.Retarder system (where fitted or required)
  • insecure connectors or mountings

  • defective

1.2.Service brake performance and efficiency
1.2.1.Performance (progressively increased to maximum effort)
  • inadequate braking effort on one or more wheels

  • braking effort from any wheel is less than 70 % of the highest recorded effort from another wheel on the same axle. In the case of brake testing on the road, the vehicle’s deviation from a straight line is excessive

  • no gradual variation of brake effort (grabbing)

  • abnormal time lag in brake operation at any wheel

  • excessive fluctuation of brake effort due to distorted discs or oval drums

1.2.2.Efficiency
  • a braking ratio which relates to the maximum authorised mass or, in the case of semi-trailers, to the sum of the authorised axle loads where practicable, less than the following:

    minimum braking efficiency:

    • category 1: 50 %a

    • category 2: 43 %b

    • category 3: 40 %c

    • category 4: 50 %

    • category 5: 45 %d

    • category 6: 50 %

  • or

    a braking effort less than the reference values if specified by the vehicle manufacturer for the vehicle axlee

1.3.Secondary (emergency) brake performance and efficiency (if met by separate system)
1.3.1.Performance
  • brake inoperative on one side

  • braking effort from any wheel is less than 70 % of the highest recorded effort from another wheel on the same axle

  • no gradual variation of efficiency (grabbing)

  • automatic brake system not working in the case of trailers

1.3.2.Efficiency
  • for all vehicle categories, a braking ratio less than 50 %f of the service brake performance defined in 1.2.2 in relation to the maximum authorised mass or, in the case of semi-trailers, to the sum of the authorised axle loads

1.4.Parking brake performance and efficiency
1.4.1.Performance
  • brake inoperative on one side

1.4.2.Efficiency
  • for all vehicle categories, a braking ratio less than 16 % in relation to the maximum authorised mass, or, for motor vehicles, less than 12 % in relation to the maximum authorised combination mass of the vehicle, whichever is greater

1.5.Retarder or exhaust brake system performance
  • no gradual variation of efficiency (retarder)

  • defective

1.6.Anti-lock braking
  • malfunction of the anti-lock warning device

  • defective

a

Council Regulation (EEC) No 3821/85 of 20 December 1985 on recording equipment in road transport (OJ L 370, 31.12.1985, p. 8).

b

Council Directive 92/6/EEC of 10 February 1992 on the installation and use of speed limitation devices for certain categories of motor vehicles in the Community (OJ L 57, 2.3.1992, p. 27).

VEHICLES IN CATEGORIES 1, 2 AND 3VEHICLES IN CATEGORIES 4, 5 AND 6
2. Steering and steering wheel
2. Steering
2.1.Mechanical condition
2.1.Mechanical condition
2.2.Steering wheel
2.2.Steering play
2.3.Steering play
2.3.Steering system attachment
2.4.Wheel bearings
3. Visibility
3. Visibility
3.1.Field of vision
3.1.Field of vision
3.2.Condition of glass
3.2.Condition of glass
3.3.Rear-view mirrors
3.3.Rear-view mirrors
3.4.Windscreen wipers
3.4.Windscreen wipers
3.5.Screen washers
3.5.Screen washers
4. Lamps, reflectors and electrical equipment
4. Lighting equipment
4.1.Main and dipped-beam headlamps
4.1.Main and dipped-beam headlamps
4.1.1.Condition and operation
4.1.1.Condition and operation
4.1.2.Alignment
4.1.2.Alignment
4.1.3.Switches
4.1.3.Switches
4.1.4.Visual efficiency
4.2.Side lamps and end-outline marker lamps
4.2.Condition and operation, condition of lenses, colour and visual efficiency of:
4.2.1.Condition and operation
4.2.1.Side and rear lamps
4.2.2.Colour and visual efficiency
4.2.2.Stop lamps
4.2.3.Direction-indicator lamps
4.2.4.Reserving lamps
4.2.5.Fog lamps
4.2.6.Rear registration plate lamps
4.2.7.Retro reflectors
4.2.8.Hazard warning lamps
4.3.Stop lamps
4.3.1.Condition and operation
4.3.2.Colour and visual efficiency
4.4.Direction-indicator lamps
4.4.1.Condition and operation
4.4.2.Colour and visual efficiency
4.4.3.Switches
4.4.4.Flashing frequency
4.5.Front and rear fog lamps
4.5.1.Position
4.5.2.Condition and operation
4.5.3.Colour and visual efficiency
4.6.Reversing lamps
4.6.1.Condition and operation
4.6.2.Colour and visual efficiency
4.7.Rear registration plate lamp
4.8.Retro reflectors
  • condition and colour

4.9.Telltales
4.10.Electrical connections between drawing vehicle and trailer or semi-trailer
4.11.Electrical wiring
5. Axles, wheels, tyres, suspension
5. Axles, wheels, tyres, suspension
5.1.Axles
5.1.Axles
5.2.Wheels and tyres
5.2.Wheels and tyres
5.3.Suspension
5.3.Suspension
6. Chassis and chassis attachments
6. Chassis and chassis attachments
6.1.Chassis or frame and attachments
6.1.Chassis or frame and attachments
6.1.1.General condition
6.1.1.General condition
6.1.2.Exhaust pipes and silencers
6.1.2.Exhaust pipes and silencers
6.1.3.Fuel tank or pipes
6.1.3.Fuel tank or pipes
6.1.4.Geometric properties and condition of rear protective device, heavy lorries
6.1.4.Spare-wheel carrier
6.1.5.Spare-wheel carrier
6.1.5.Security of coupling mechanism (if fitted)
6.1.6.Coupling mechanism on drawing vehicles, trailers and semi-trailers
6.2.Cab and bodywork
6.2.Bodywork
6.2.1.General condition
6.2.1.Structural condition
6.2.2.Mounting
6.2.2.Doors and locks
6.2.3.Doors and locks
6.2.4.Floor
6.2.5.Driver’s seat
6.2.6.Running boards
7. Other equipment
7. Other equipment
7.1.Safety belts
7.1.Mounting of driver’s seat
7.2.Fire extinguisher
7.2.Mounting of battery
7.3.Locks and anti-theft device
7.3.Audible warning device
7.4.Warning triangle
7.4.Warning triangle
7.5.First-aid kit
7.5.Safety belts
7.5.1.Security of mountings
7.5.2.Condition of belts
7.5.3.Operation
7.6.Wheel chock(s)
7.7.Audible warning device
7.8.Speedometer
7.9.Tachograph (presence of, and integrity of seals)
  • check validity of tachograph plate if required by Regulation (EEC) No 3821/85a

  • check, if in doubt, whether the nominal circumference or size of tyre matches the data given on the tachograph plate

  • where practical, check that the seals of the tachograph and, where appropriate, any other means of protecting the connections against fraudulent manipulation are intact

7.10.Speed limitation device
  • where possible, check whether speed limiter is fitted as required by Directive 92/6/EECb

  • check validity of speed limiter plate

  • where practical, check that the seals of the speed limiter and, where appropriate, any other means of protecting the connections against fraudulent manipulation are intact

  • check where practical that the speed limitation device prevents vehicles mentioned in Article 2 and Article 3 of Directive 92/6/EEC from exceeding the prescribed values

8. Nuisance
8. Nuisance
8.1.Noise
8.1.Noise

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As adopted by EU): The original version of the legislation as it stood when it was first adopted in the EU. No changes have been applied to the text.

Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as adopted version that was used for the EU Official Journal
  • lists of changes made by and/or affecting this legislation item
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different versions taken from EUR-Lex before exit day and during the implementation period as well as any subsequent versions created after the implementation period as a result of changes made by UK legislation.

The dates for the EU versions are taken from the document dates on EUR-Lex and may not always coincide with when the changes came into force for the document.

For any versions created after the implementation period as a result of changes made by UK legislation the date will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. For further information see our guide to revised legislation on Understanding Legislation.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as adopted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources