Motor Salvage Operators Regulations Toolkit
How do I enforce Motor Salvage Operators Regulations? How do I enforce Motor Salvage Operators Regulations?
This part of the toolkit explains who is responsible for enforcing the Motor Salvage Operators Regulations and how they can be enforced. 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.
Responsibility for enforcing the Motor Salvage Operators Regulations
Section 14 of Part 1 of the Vehicles (Crime) Act 2001 states that proceedings for an offence under this part of the Act can only be taken by:
a local authority
police
anyone else only with the consent of the Attorney General
This allows both the police and local authorities to enforce the regulations but, where the evidence is not straightforward, it may be good practice for the police to take the lead, given their experience of building cases.
You need to have sound evidence in all aspects of the regulations in case the operator challenges the charges made or takes up the right to appeal any decisions made by the local authority. Evidence is crucial to prove the case to the magistrates.
The offences created by this part
of the Act are:
-
Failure to register
-
Failure to keep records
-
Making false statements
-
Failure to notify the local authority of changes
-
Giving false particulars on sale of salvage
Tell me more about these offences
Preparations by the police for enforcing the Motor Salvage Operators Regulations
The advice included in this section is suggested as good practice but in the near future it may become a minimum requirement auditable by HMIC.
When preparing to enforce the regulations, chief police officers need to make sure that:
-
They nominate a Single Point of Contact (SPOC) for local authorities to deal with over the implementation and enforcement of the regulations
-
The nominated SPOC establishes a partnership working relationship with local authorities to facilitate the implementation of the regulations
Show me examples of police/ local
authority protocols/ memoranda of understanding
There is a local Partnership Protocol in place that covers:
Indemnity
Registration / notification
Accuracy of data
Use and relationship of data
Security of data
Nominated liaison contacts
Police forces facilitate the necessary criminal records checks to ensure compliance with Section 3(4)b of the Vehicles (Crime) Act 2001
The SPOC supplies local authorities with information about operators conducting a salvage business within their area of jurisdiction or supports local authorities in compiling a list of operators conducting a salvage business
The SPOC obtains a record of all operators from local authorities, maintains it on a centralised database and, if necessary, ensures enforcement action is taken.
Enforcement actions that need to be taken by the police
Chief police officers need to be able to demonstrate evidence of enforcement of the Motor Salvage Operators Regulations as part of their Vehicle Crime Reduction Strategy.
They need to make sure that:
Local authorities understand the consequences of failing to take appropriate steps to register all local salvage operators
Unregistered operators are identified, visited and advised about registration requirements
Where applications are not received by the local authority within 7 days of the visit, then consider starting action for carrying on a business without being registered. Chief police officers are expected to take action against all unregistered businesses.
Tell me more about action against
unregistered businesses
The Single Point of Contact (SPOC) in the police draws up a programme of visits to registered operators to verify their compliance with the regulations and take action if necessary.
Tell me more about action against
non-compliant operators
Where intelligence suggests that there is criminal activity, priority is given to serious or organised crime, with chief police officers ensuring that visits to unregistered operators take place.
Registered operators are visited as often as possible and a minimum of 1 visit is made each year.
Further action must be taken if necessary.
Tell me more about what further action should be taken
Last update: 07 October 2004