Motor salvage operators

Definition of a motor salvage operator

A motor salvage operator is a person carrying on a business that works:

a) wholly or partly in the recovery for reuse or sale of salvageable parts from motor vehicles and the subsequent sale or other disposal for scrap of the remainder of the vehicles concerned;

b) wholly or mainly in the purchase of written-off vehicles and their subsequent repair and re-sale;

c) 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 in (a) or (b).

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Background

One of the largest single categories of recorded crime is vehicle crime. The Vehicle (Crimes) Act 2001 and the Motor Salvage Operators Regulations 2002 have been introduced to make it more difficult for criminals to dispose of stolen vehicles.

Motor salvage operators are required to:

  • register (pdf or online) 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 the Police (and other investigators) the right of entry to the premises and the right of search. A warrant is not required where police require entry to a registered premises.

Motor salvage operators are not permitted to carry out their business unless they have registered with their 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.

For more infomation on what Motor Salvage Operators Regulations are and how and why they were introduced please contact us.

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Period of registration

Registration of the motor salvage operation is valid for three years commencing from the date that the entry was made in the Council's "Register of Motor Salvage Operators".

If you wish to continue the uninterrupted functioning of motor salvage activities you must submit a valid application for the renewal of your registration to the local Council before your existing registration period ends.

If you have not made a new application for re-registration to start on the expiry of your existing registration and your registration has not been renewed by the Council you will be committing an offence if you continue to operate any kind of motor salvage business.

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Determination of registration

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:

    a) theft or attempted theft of or from a motor vehicle, contrary to Section 1 of the Theft Act 1968;

    b) taking a motor vehicle without consent, contrary to Section 12 of the Theft Act 1968;

    c) aggravated vehicle taking, contrary to Section 12A of the Theft Act 1968;

    d) handling stolen goods, contrary to Section 22 of the Theft Act 1968;

    e) going equipped to steal or take a motor vehicle, contrary to Section 25 of the Theft Act 1968;

    f) interference with a motor vehicle, contrary to Section 9 of the Criminal Attempts Act 1981;

    g) tampering with a motor vehicle, contrary to Section 25 of the Road Traffic Act 1988;

    h) 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 business.

  • Information provided by police (which must be disclosed to the applicant).

Where it is the Council's decision to refuse or cancel registration it must serve a notice on the applicant informing them of its intention to do so, the reasons why, and the period in which the applicant can make representation to the Council (not less than 14 days). Representations may be made orally or in writing.

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(s) informing them of its decision and also provide details relating to their rights of appeal against the decision.

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Fees for registration or renewal of registration

A fee is payable by the applicant on the submission of an application seeking registration. The fee has been set to recover the costs incurred by the processing of the application for registration of the premises.

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The Council's role

In response to the introduction of the Vehicle (Crimes) Act, the Environmental Health Service maintains a register of all businesses carrying out motor salvage operations within the Borough. Details to be kept on the register are:

  • the full name of the motor salvage operator, the name of all the directors if the business is undertaken by a corporate body, or the names of all the partners if the business is undertaken by a partnership

  • the address of the operator's usual place of residence, or that for each partner where the operator is a partnership

  • the registered or principal office address if the operator is a corporate body and

  • the address of each place in the Borough of Woking which is occupied by the motor salvage operation wholly, mainly or partly for the purpose for carrying the business activity.

The information contained within the register is readily available to the public and may be viewed Monday to Friday during normal office hours at the Civic Offices (9am to 4:45pm excluding public holidays). There is no charge for accessing the public register, however, there is a charge for the provision of certified copies of an entry on the register.