Motor Salvage Operators Regulations Toolkit
Further Further action that can be taken to enforce the Motor Salvage Operators Regulations?
This part of the toolkit explains what further action can be taken to enforce
the regulations. It covers:
The guidance in this toolkit does not constitute legal advice. If you are
not sure about the application or interpretation of the legislation, you should
contact a legal adviser.
Further enforcement actions against unregistered operators
Where a motor salvage operator is deemed to be trading unlawfully by not
registering with the local authority, you must prove that they should be
registered by building a case to show evidence that the operator is actually
trading as a motor salvage operator.
The responsibility is on the police/local authority to prove that the operators fit the
definition of a motor salvage operator.
You should consider:
Visit to the premises
This may be enough because it is obvious that salvage cars are being broken up on the site for parts. If so, the visiting officer should record this as evidence.
Interview
Where a visit is not enough, you may need to carry out a detailed interview with the operator to gather further evidence and possibly obtain an admission that the business includes motor salvage work.
Surveillance
Where the operator is likely to be uncooperative and evidence is not obviously visible, you may need to carry out some surveillance.
For example, when the premises open in the morning, there may be tow trucks with salvaged vehicles on the back waiting to go in. You could follow these vehicles and find them in areas where they are to be broken up. This should be recorded as evidence.
In some cases, a risk assessment may be necesssary to determine whether a full team and dog unit may be required to enter the premises.
Last update: 05 October 2004