Motor Salvage Operators Regulations Toolkit
Frequently asked questions
Here are some of the most frequently asked questions about the Motor Salvage Operators Regulations. These are mostly from the point of view of the organisations that are responsible for implementing the regulations. If you have any questions you would like to add to this section, please email us:
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.
Which LA department is responsible for registering Motor Salvage Operators?
Why does the local authority keep the register when the police are responsible for vetting?
What happens if operators don't return their application forms?
Who is responsible for prosecuting operators who fail to register?
What is the difference between a Motor Salvage Operator and a Scrap Metal Dealer?
How can someone make the authorities aware of unregistered operators?
What are the offences that created the Vehicles (Crime) Act 2001?
What are the specified offences that mean an applicant may not be accepted to register as a Motor Salvage Operator?
If an applicant has been convicted of one or more of the 7 specified offences, they may not be eligible to register as a motor salvage operator. The 7 offences are:
theft or attempted theft of or from a motor vehicle, contrary to section 1 of the Theft Act 1968
taking 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 23 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.
You can find out more about these specified offences from Statutory Instrument 2002 No 1917, Motor Salvage Operators (Specified Offences) Order 2002
What does "fit and proper" mean when you are assessing if you should register someone as a Motor Salvage Operator?
The local authority is responsible for deciding whether an applicant is "fit and proper". When making that decision, you should consider information provided on the application form about:
unspent convictions under Part 1 of the Vehicles (Crime) Act 2001
unspent convictions from the specified offences that may exclude someone from registering
details of any undisclosed bankruptcy
information provided by the police - you must be able to be disclose this to the applicant and in a court of law
Although it is expected that anyone who declares any of the above will be refused registration, you must give the applicant the opportunity to make representation before refusal.
Who does the vetting to determine who is "fit and proper"?
The police should carry out the minimum number of checks required to verify the information provided on application forms and provide any intelligence that can be disclosed.
Although each force will have its own system for processing these checks, which may be carried out by police officers or police staff, checks should be returned through a central point of contact to make sure that liaison is efficient. This information may also help the police when planning for record inspections.
Local authorities are responsible for bankruptcy checks.
Is there a standard vetting form?
No, each police force may ask for information in a slightly different format to enable it to be processed in their force vetting system.
Is there a standard application form?
No, but there are guidelines for what must be included in each application in Section 4 of the Motor Salvage Operators Regulations 2002 - Requirements for registration or renewal of registration
The guidelines require applications to include:
the applicant's full name and date of birth or the names and dates of birth of all directors or partners of the business if it is a partnership or body corporate
the usual residential address of each applicant, director or partner in the business
the address of each place in the local authority's administrative area which is occupied by the applicant wholly, mainly or partly for the purpose of carrying on a business as defined in Section 1(2) of the 2001 Act
whether it is an initial application to register or an application for renewal of registration
whether any previous application for registration has been refused and, if so, by which local authority and why
details of any convictions for any offence under Part 1 of the 2001 Act
details of any conviction for any offence specified in an Order made by the Secretary of State in pursuance of his power under section 3(4)(b) of the 2001 Act
whether the applicant, or any of the directors or partners business, is a bankrupt.
Here are some examples of application forms
Which local authority department is responsible for registering Motor Salvage Operators?
The Vehicles (Crime) Act 2002 did not specify how the local authority should organise its motor salvage operators' registration process and a number of departments have been allocated this responsibility within local authorities.
A survey undertaken in 2004 showed that responsibility for the register tends to be located in one of 3 main departments:
Licensing departments
Environmental health departments
Trading Standards departments or in various law and legal administrative departments
There isn't a single solution and each local authority must decide the most appropriate place with the most appropriate resources to carry out the registration process.
It is a statutory responsibility and local authorities should be aware that they must comply. Section 17 of the Crime and Disorder Act 1998 defines responsibilities for crime and disorder reduction and local authorities may find that registration of motor salvage operators is part of their Crime and Disorder Reduction Strategy through the Vehicle Crime Reduction strategy or action plan.
Why does the local authority keep the register when the police are responsible for vetting?
When the consultations for the Vehicles (Crime) Act 2001 and the regulations were taking place, it was agreed that local authorities were the most appropriate bodies to hold the registers because they also have responsibility for scrap metal licensing.
However, reducing opportunities for vehicle and other organised crime is very much a joint effort.
Why can't the trade regulate itself?
Because not all operators are members of trade organisations.
Trade organisations cannot police non-members who are the majority of operators at the moment.
Members of the British Vehicle Salvage Federation
and Motor Vehicle Dismantlers Association
are required to show evidence of registration under the Motor Salvage Operators Regulations
and adhere to an industry code of practice. The insurance industry is in a
position to enforce the code of practice but this may have limited impact and
little deterrent value for those who do not comply.
The industry has contributed greatly to the process that led to the introduction of the Motor Salvage Operators Regulations. Before the
regulations were introduced there were no standards for operators except:
relevant provisions in the Environmental Protection Act
the need to have waste licences.
What happens if operators don't return their application forms?
If operators persistently fail to return their application forms, it should be pointed out that they are legally obliged to be registered and that failure to do so makes them guilty of an offence under Part 1, section 1 (1) of the Vehicles (Crime) Act 2001.
For each conviction, they will be liable to a fine not exceeding £5,000 (level 5 on the current standard scale).
Who is responsible for prosecuting operators who fail to register?
Both the police and the local authority are able to take action for this offence under Section 14 of Part 1 of the Vehicles (Crime) Act 2001. However, the onus is on both the police and the local authority to prove that the operator in question fits the definition of a motor salvage operator. If there is any question, it is assumed that police experience in getting evidence makes them the lead in such cases. An exception would be Salford where the trading standards enforcement officers have investigative experience and prepare evidence against unregistered operators in conjunction with any police evidence.
Who owns the register?
The local authority is responsible for establishing and maintaining a register of motor salvage operators with motor salvage businesses in their area.
This is set out in Section 2, Part 1 of the Vehicles (Crime) Act 2001.
What is the difference between a motor salvage operator and a scrap metal dealer?
Industry guidance suggests that, as a general rule, motor salvage operators will only have repairable vehicles and vehicle parts on their premises, whereas scrap metal dealers will have all types of scrap.
Scrap metal dealers should be registered under the Scrap Metal Dealers Act 1964
Section 1, Part 1 of the Vehicles (Crime) Act 2001 suggests that a motor salvage operator can be defined as someone who carries out a business which is:
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wholly or partly involved in the recovery for re-use or sale of salvageable parts from motor vehicles and the subsequent sale or other disposal for scrap of the remainder of the vehicles
wholly or mainly involved in the purchase of written-off vehicles and their subsequent repair and re-sale
wholly or mainly in the sale or purchase of motor vehicles which are to be the subject (whether immediately or on a subsequent re-sale) of any of the activities mentioned above
wholly or mainly in activities mentioned above
How can someone make the authorities aware of unregistered operators?
Anyone can make the local authority aware of motor salvage operators they believe to be unregistered by contacting:
the local authority registration section
the Police - there should be a single point of contact in each force
Crimestoppers on 0800 555 111 - this can be done anonymously by stating which area the operator is in
In the event that the operator is already registered or in the process of applying, no harm has been done - the informant is simply helping to ensure a comprehensive register. Anyone can ask to see the register held by the local authority if they wish.
What are the offences that created the Vehicles (Crime) Act 2001?
The Vehicles (Crime) Act 2001 creates 5 new offences:
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Requirement to register Section 1 (1)
Any person carrying on a business as a motor salvage operator as defined in Section 1 (2) of the Act and who fails to register with their local authority will be guilty of an offence and will be liable, on summary conviction, to a fine not exceeding Level 5 on the standard scale (currently £5,000)
Keeping of records Section 7 (4)
Failure to keep the records specified in the Regulations to the Act will be an offence and liable, on summary conviction, to a fine not exceeding Level 4 on the standard scale (currently £2,500)
Making false statements Section 10
Any applicant for registration or renewal of registration who knowingly or recklessly makes a false statement or provides false information on their application form will be guilty of this offence and liable, on summary conviction, to a fine not exceeding Level 3 on the standard scale (currently £1,000)
Any person guilty of this offence who has had a previous application for registration or renewal refused or has had a previous registration cancelled will be liable, on summary conviction, to a fine not exceeding Level 5 on the standard scale (currently £5,000)
Requirement for motor salvage operators to notify the local authority of changes Section 11 (4)
Failure to comply with the requirements specified in Section 11 will be an offence and liable, on summary conviction, to a fine not exceeding Level 3 on the standard scale (currently £1,000)
Giving false particulars on sale of salvage Section 12
Any person who, when selling a motor vehicle to a motor salvage operator, in the course of their business, gives a false name or address will be guilty of this offence and liable, on summary conviction, to a fine not exceeding Level 3 on the standard scale (currently £1,000)
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