This question is something I often get asked. Usually followed up with the comment of “it’s just guidance isn’t it.”
Traffic Commissioner Sarah Bell addressed such a question at length in the recently published public inquiry of Dancon Services Ltd. What she said was at follows:
“There is an inaccurate belief in some parts of the industry that the Guide to Maintaining Roadworthiness (GTMR) is ‘mere’ guidance and can be dispensed with if the Operator chooses any different approach. The GTMR contains a mixture of legislative requirements and best practice (alongside setting out what is the ‘bare minimum’).
Whilst not statutory guidance, GTMR is a collaboration between DVSA, TCs, trade associations and other industry experts. Compliance with GTMR for the operational fleet mix in question, whilst not having statutory authority, is strong evidence of appropriate and safe systems. If GTMR is put to one side then, subject to the legal provisions, the substitute must be equally robust in ensuring roadworthiness.
By way of example Regulation 18(1) of the Construction and Use Regulations 1986 requires that “Every part of every braking system and the means of operation thereof fitted to a vehicle shall be maintained in good and efficient working order and properly adjusted”. This legal requirement underpins what then follows in GTMR about measured brake performance testing at each PMI. As per the Upper Tribunal in 2022/1227 Lineage UK Transport Limited “…brake testing procedures are of particular importance from the point of view of road safety”.
The importance of GTMR in assisting the industry was recognised in 2014/058 Angus Smales t/a Angus Smales Eventing and Lineage confirms it remains as relevant as ever. Ms Lyons disdain for GTMR evidenced by her response to the VE on 29/11/22 (paragraph 5 above) is strong evidence toward explaining the chaotic position the Operator is in”.
The GTMR is the standard the Driver and Vehicle Standards Agency (DVSA) and Traffic Commissioners will judge you against if you get into trouble, so the safest and sensible thing to do is to simply follow the guidance.
A collaboration of industry experts has done the hard work for you: they’ve already considered what systems you should have in place to keep your vehicles safe, so you don’t need to.
If you follow the GTMR properly, it should give you the peace of mind knowing that you shouldn’t get into trouble regarding your maintenance arrangements.
The latest version was released last month and is available online. Operators and transport managers should check their systems are at least as good as those set out in the latest version of the guide.
This should then be periodically reviewed, or least each time the guidance is updated.
If you would like more support regarding the GTMR, contact our expert Jared Dunbar today.