Motor Salvage Operators Regulations Toolkit
Motor Salvage Operators Regulations
This part of the toolkit explains what the Motor Salvage Operators Regulations are and how and why they were introduced. It covers:
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.
The Motor Salvage Operators Regulations
The Motor Salvage Operators Regulations require all motor salvage operators to:
be registered
maintain appropriate records of purchase and disposals
require identification checks for vendors and purchasers
allow the police right of entry to premises and the right of search without warrant
It is estimated that there are over 3000 motor salvage operators and dismantlers in the UK.
The regulations became law on 21 October 2002 and brought into force Part 1 Sections 1-16 of the Vehicles (Crime) Act 2001
The Motor Salvage Operators Regulations 2002 set out:
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the particulars of each motor salvage operator that must be recorded in the register
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the requirements for registration or renewal of registration
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the requirement for records to be kept by registered motor salvage operators
Tell me more about the Motor Salvage Operators Regulations
Part 1 Sections 1-16 of the Vehicles (Crime) Act 2001 covers:
The requirement of registration for motor salvage operators
Registers of motor salvage operators
Applications for registration and renewal of registration
Cancellation of registration
Right to make representations
Appeals
Keeping of records
Notification of destruction of motor vehicles
Rights to enter and inspect premises
Offence of making false statements
Notification requirements
Offence of giving false particulars on sale for salvage
Application of "fit and proper" test to companies etc
Proceedings for offences under part 1
Power to amend or repeal private or local Acts
Interpretation of Part 1
Tell me more about Part 1 Sections 1-16 of the Vehicles (Crime) Act 2001
Why the Motor Salvage Operators Regulations were introduced
The Motor Salvage Operators Regulations 2002 were introduced under the Vehicles (Crime) Act 2001 to regulate the motor salvage industry on a statutory basis. The decision to regulate the industry stemmed from an earlier court decision that the Scrap Metal Dealers Act 1964 did not apply to motor salvage operators (Such v Gibbons, June 1980).
It was believed that this lack of statutory regulation enabled a criminal element within the motor salvage industry to dispose of stolen vehicles. In spite of the efforts of the motor salvage industry to drive out the criminal element in the trade, less scrupulous operators still existed and regulation was needed to make it harder for criminals to dispose of stolen vehicles or become involved in serious organised crime.
It is possible for operators to get caught up in vehicle crime unwittingly if they do not conform to the regulations and keep full records. It is in everyone's interest to abide by the regulations and make sure that there are no ready outlets for stolen cars to be dismantled.
How the Motor Salvage Operators Regulations were developed
A Task Group of the Vehicle Crime Reduction Action Team (VCRAT) was set up in 1998 to develop provisions for a bill to regulate the motor salvage industry.
The Task Group included:
Police
Insurance industry
International Association of Auto Theft Investigators
British Vehicle Salvage Federation
Motor Vehicle Dismantlers Association of Great Britain
Home Office
Department of the Environment, Transport and the Regions
Driver Vehicle Licensing Agency
Department of Trade and Industry
After consultation, the regulations were set out in the Vehicles (Crime) Act 2001
Tell me more about the consultation
When the Motor Salvage Operators Regulations came into force
The regulations became law on 21 October 2002 through the Motor Salvage Operators Regulations 2002 (Statutory Instrument 1916)
The regulations brought into force Part 1 Sections 1-16 of the Vehicles (Crime) Act 2001
Local authorities have a statutory obligation to implement and enforce these regulations.
How widely the Motor Salvage Operators Regulations are being implemented
In 2004, the Home Office commissioned a survey of local authorities and police forces to find out whether the regulations were being implemented.
The findings suggested that implementation is not as comprehensive as it should be, and there is still a perception that a substantial element of criminality exists among operators and dismantlers although these are believed to be outside the trade associations' membership.
It is becoming increasingly important that all motor salvage operators are registered to deter criminality in the industry and provide police with valuable intelligence.
If some areas are more rigorous at implementing the regulations and carrying out subsequent enforcement, then criminal operators may seek to move to areas that are seen to be less rigorous in applying the law. Crime rates are only likely to be significantly reduced if all authorities commit to full implementation of the regulations.
This research also identified some potential barriers to the implementation of the regulations
Tell me about these potential barriers
Effectiveness of implementation and enforcement of the regulations
In 2007, a survey by MORI into the effectiveness of the implementation and enforcement of the Motor Salvage Operators' Regulations was published. The full report is due to be made available here shortly. You can download a letter from the Permenant Secretary of the Home Office to the Clerk of the Public Accounts Committee 
PDF 324Kb outlining the findings of the report.
Last update: Friday, May 11, 2007