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Motor Salvage Operators Regulations Toolkit

Case study: Kent Case study: Kent

This case study outlines work done in Kent to implement and enforce the Motor Salvage Operators Regulations

It covers:

Structure

Kent has 12 district councils and 1 unitary authority.  Kent County Council decided to adopt a unified approach to implementing the Motor Salvage Operators Regulations because of duplication with the Kent County Council Act 2001 and the Medway Council Act 2001. 

These local acts provided for second hand dealers to be registered with the county council or unitary authority. The Legal Services department drafted an agreement between each of the district councils and the county council, which handed over the function for motor salvage operators registration to the County Council's Trading Standards department.  The unitary authority, Medway, operates its own register.

Show me the agreement between the councils


Locating motor salvage operators

As the individual councils have handed over the task of registration in its entirety to the county council, they are not involved in locating motor salvage operators in their respective areas. 

The police, the county council and Medway authority have all identified a number of operators from various sources, including the second hand dealer register. A mail shot with contact details for Kent and Medway was sent out to those identified.

The registration process

Trading Standards drew up application forms for each of the 3 business entities that might trade as motor salvage operators and provided guidance for traders on how to register. 

There is also a separate police check form that is sent with the application form. Specific guidance to accompany the application form covers:

  • fees payable 

  • information required for the council to determine 'fit and proper' 

  • rehabilitation periods for convictions 

  • records that must be kept 

  • offences 

A more general guidance document for traders is given on the Kent Trading Standards website  along with contact details to get hold of an application pack and how to request a pack by email.

Kent decided to use a scale of fees for application depending on the legal entity, therefore, a sole trader is charged less for their application than a partnership or limited company.

Show me Kent's application forms

Liaison between police and council

The council and police have an information sharing Memorandum of Understanding (MoU), which has helped to identify operators through passing on relevant information.

Enforcement

4 operators have had applications for registration refused and have reacted in different ways:

  • One applicant sold his company to another person who has now registered

  • One applicant dissolved a partnership with a partner who was not considered "fit and proper" and his re-application was accepted 

  • One applicant has been monitored and, although dealing with second hand cars, has moved away from salvage cars

  • One applicant went to appeal even though under the regulations he had an unspent conviction. His appeal was turned down by local magistrates and Kent County Council and Kent Police are now reviewing the process for future appeals.

Kent Trading Standards led the appeal case as it was their decision to refuse the applicant's registration. However, they worked closely with the police who supplied evidence of the applicant's criminal record and current disclosable intelligence.

There is no planned programme of visits to registered operators yards after initial visits and those chasing registration. Visits are then undertaken usually after specific intelligence or because the police have a specific interest in a particular location.

What works

Having only 2 contact points has been beneficial to police and ensures that the county has a uniform approach to interpreting the regulations.

Police intelligence has been key in helping to determine 'fit and proper' and determines the amount of enforcement activity. A dedicated Vehicle Intelligence Unit with knowledge of the regulations has also been important to the process.

 

 

Last update:  

Last update: 18 October 2004