Registration of Motor Salvage Operator
Registration Summary
Under the Vehicles (Crime) Act 2001 and the Motor Salvage
Operators Regulations 2002, any person who wishes to carry on the
business of a Motor Salvage Operator are now required to:
- register with the Council in whose area they are
operating;
- maintain appropriate records of all vehicle purchases and
disposals;
- carry out full identification checks of vendors and purchasers;
and
- allow police (and other investigators) the right of entry to
the premises and the right of search. A warrant is not
required where the police require entry to a registered
premise.
Motor Salvage Operators will not be permitted to carry out their
business unless they have registered with the local Council.
It is an offence to operate a motor salvage business that has not
been registered. Summary conviction of this offence may lead
to a fine not exceeding level 5 (currently £5,000) on the standard
scale.
Eligibility Criteria
A person is a motor salvage operator if they:
- recover for reuse or sale, in whole or in part,
salvageable parts from motor vehicles and sell or otherwise dispose
of the rest of the vehicle; or
- mainly or wholly buy written-off vehicles and repair
and resale the same vehicle; or
- mainly or wholly sell or buy motor vehicles that are to be
subject to any of the two activities above;
- carry out activities that fall under the latter two points
above.
Regulation Summary
A summary of the regulation relating to this registration.
Applications for registration must comply with any requirements
set by the local authority and must be accompanied by a fee.
How long does the registration last?
Registration of the motor salvage operation is valid for 3 years
commencing from the date that the entry was made in the 'Register
of Motor Salvage Operators'. In order to continue operating
as a motor salvage operator at the end of this period, a valid
application for the renewal must be made to the Council. An
operator is deemed to have ceased to be registered if they have not
made an application to renew their existing registration. It
is an offence not to register with, or notify the Council if,
at any time, during the three years you cease to operate as a motor
salvage operator.
Notice of changes to registered information must be made to the
local authority within 28 days of the change
Application Evaluation Process
In deciding whether to approve registration, the Council must be
satisfied that the applicant is a 'fit and proper' person, taking
into account:
Various unspent convictions, including the offences of:
- theft or attempted theft of or from a motor vehicle(s),
contrary to Section 1 of the Theft Act 1968;
- taking a motor vehicle without consent, contrary to Section 12
of the Theft Act 1968;
- aggravated vehicle taking, contrary to Section 12A of the Theft
Act 1968;
- handling stolen goods, contrary to Section 22 of the Theft Act
1968;
- going equipped to steal or take a motor vehicle, contrary to
Section 25 of the Theft Act 1968;
- interference with a motor vehicle, contrary to Section 9 of the
Criminal Attempts Act 1981;
- tampering with a motor vehicle, contrary to Section 25 of the
Road Traffic Act 1988;
- convictions for offences under Part 1 of the Vehicle Crimes Act
2001;
- details of any undischarged bankruptcy of the applicant or any
directors or partners of the applicant's business; and
- information provided by the police (which must be disclosed to
the applicant).
If an application or an application for a renewal is refused the
local authority does not have to consider any other applications by
the person for three years from the date of refusal.
The local authority may cancel a registration and does not have
to consider any application for registration from the cancelled
operator for three years from the date of the cancellation.
Right to make representation
If an applicant is considered not to be a suitable person to
become a registered motor salvage operator or their registration is
cancelled, then he/she will be advised in writing and given the
opportunity to make representations. The notice must
give details of what the local authority are proposing to do,
the reasons for it and the period during which the person may make
representations. This period must not be less than 14 days and
starts from the date of service of the notice.
If after representations have been made the Council decides to
proceed with the refusal or cancellation of the registration, it
must serve a notice on the applicant informing them of their
decision and also providing them with details.
How long will it take to receive the
registration?
Following receipt of the registration form and any
necessary attachments including the relevant fee, you can
expect to hear from us within 60 days.
Apply online
In order to make an application online, you must complete one
of the following forms:
Alternatively if you do not wish to apply online you may
download an application form from the Form Links section of this
page.
Failed Application Redress
Please contact the local authority in the first instance.
If an application is refused the applicant may appeal to the
local Magistrates Court. Applications must be made within 21 days
of service of the local authority notice.
Licence Holder Redress
Please contact the local authority in the first instance.
If an application for renewal is refused or a registration is
cancelled the operator may appeal to the local Magistrates Court.
Applications must be made within 21 days of service of the local
authority notice.
Consumer complaints
We would always advise that in the event of a complaint the
first contact is made with the trader by you - preferably in the
form a letter (with proof of delivery). If that has not worked, if
you are located in the UK,
Consumer Direct will
give you advice. From outside the UK contact the
UK European Consumer Centre.
Other Redress
Trade Associations
British Metals Recycling
Association (BMRA).
Car and Accessory Trader (CAT).
Motor Vehicle Dismantlers Association
(MVDA).
For further information, please contact Health &
Environment on 01653 600666 ext 244.
