Motor Salvage Operators Regulations 2002 - Vehicles (Crime) Act 2001
Definition of a Motor Salvage Operator
A person shall be carrying on business as a motor salvage operator if he carries on business that consists:
(a) Wholly or partly in the recovery for re-use or sale of salvagable 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) or any of the activities mentioned in
(a) or (b); or
(d) Wholly or mainly in activities falling within paragraphs (b) and (c).
Any person operating as a Motor Salvage Operator or as a Scrap Metal Dealer must register with the Council.
The motor salvage operator may not carry out their business unless they have registered with the 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 of up to £5000.
Forms can be downloaded below. Registration lasts for 3 years. There is a fee for registration,
There are requirements for record keeping.
Determination of registration
In deciding whether to approve registration as a Motor Salvage Operator, 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 - 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.
Scrap Metal Dealers Act 1964
A scrap metal dealer is defined as any person who carries on a business that consists wholly or partly of buying and selling scrap metal, whether it is sold in the form it was bought or otherwise.
- No person may carry on the business of a scrap metal dealer unless they are registered to do so by their Local Authority. Registration is free.
- A person is deemed to be carrying on a scrap metal business if:
a) occupy a scrap metal store in the Council's area; or
(b) have their place of residence in the area.; or
(c) occupy a place in the area wholly or partly for the purpose of their business.
Records Required to be Kept
Once you have registered you must keep the following records:
- Details of all scrap metal received at premises.
- Details of all scrap metal processed at/dispatched from the premises.
The details to be kept for scrap metal received are:
- The description and weight of the metal;
- The date and time of receipt of the metal;
- If the metal is received from another person the name and address of that person;
- The price of the metal if it has been ascertained at the time the entry is made in the book;
- If no price has been ascertained, the estimated value of the scrap metal;
- The registration mark of any mechanically propelled vehicle used to deliver the scrap metal.
The details to be kept for scrap metal processed or dispatched are:
- The description and weight of the metal;
- The date of processing or dispatch, and in the case of processing, the process applied;
- Where scrap metal is dispatched for sale or exchange, the name and address of the person to whom it is sold or with whom it is exchanged and the consideration for which it is sold or exchanged;
- Where scrap metal is dispatched or processed other than for sale or exchange, its estimated value before being dispatched or exchanged.
Entries must be made immediately upon receipt, processing or dispatch and books containing records must be kept for two years following the last entry.
If you require any further information, please contact the Licensing team for advice on 01256 844844