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Motor Salvage Operators
Motor Salvage Operators
Regulations
Vehicle crime is cited
as being one of the largest single categories of recorded crime. To
make it more difficult for criminals to dispose of stolen vehicles,
the Vehicle (Crimes) Act 2001 and The Motor Salvage Operators
Regulations 2002 have been introduced.
Motor salvage operators are now required
to:
- register with the borough 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 the police require entry to a registered premise.
The motor salvage operators will not be able to carry out their
business unless they have registered with the local borough
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 £5000) on the
standard scale.
To register a motor salvage operator please use the application
form at the bottom of the page. Alternatively, a paper version is
available on request.
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
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); or
d) wholly or mainly in activities falling within paragraphs (b) and
(c)
Period of registration
Registration of the
motor salvage operation is valid for three years starting from the
date that the entry was made in the Council's "Register of Motor
Salvage Operators". If the motor salvage operator wishes to
continue in the uninterrupted functioning of its motor salvage
activities, it must submit a valid application for the renewal of
its registration to the local Council before cessation of the
existing registration period. An operator is deemed to have ceased
to be registered if they have not made an application of their
existing registration.
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 vehicles, 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.
The Act also allows for a local authority to cancel a person’s
registration if they are satisfied that he is not a fit and proper
person to carry on the business as a motor salvage operator.
Where it is the Council's decision to refuse or cancel
registration, it must serve a notice on the applicant informing
them of their 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, they
must serve a notice on the applicant informing them of their
decision, and also providing them with details relating to their
rights of appeal against the decision.
Fees for registration or renewal of
registration
A fee of £120 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 the application for registration of the premise.
Details required to be kept on the Motor Salvage
Register are:
- The full name and date of birth of the motor salvage operator,
the full names and dates of birth of all the directors if the
business is undertaken by a corporate body, or the full names and
dates of birth 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; or if the
operator is a corporate body, the address of the registered or
principal office and,
- The address of each place in the Borough of Eastleigh
which is occupied by the motor salvage operation wholly, mainly or
partly for the purpose for carrying the business activity.
Public Register
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 Eastleigh
Borough Council Offices, Civic Offices, Leigh Road,
Eastleigh.
For further information on motor salvage operation regulation go
to the Crime Reduction
website
For further information contact us
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