Motor salvage operator registration

Licence summary

Premises where cars are broken down and spare parts sold require a registration. The registration is valid for three years from the date of issue.

Regulation summary

• The Motor Salvage Operators Regulations 2002
• Vehicles (Crime) Act 2001

The legislation increases the chance of detection of vehicle crime by introducing powers to regulate the motor salvage industry. It requires motor salvage operators to: ·

• register 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 the police require entry to a registered premises).

All registered persons must keep records as specified in the legislation above and these may be kept in either electronic or manual form. The records must be kept at the registered place of business.

When a registered person receives any vehicle he or she must keep a record of the following:

• details of the vehicle registration number, vehicle identification number, make, model, and colour of the vehicle;
• the name, address and contact details of the supplier of the vehicle;
• details of any proof of identity shown to the registered person by or on behalf of the supplier of the vehicle, to establish the identity of the vehicle supplier, including whether any document produced was a UK photocard driver's licence, passport, utility bill, council tax bill, rent book, or other form of identification containing a photograph of the vehicle supplier;
• the general condition of the vehicle, including details of the type of damage to the vehicle (for example whether the damage has been caused by fire, water or impact) and the part of the vehicle damaged;
• the date on which the information referred to above was entered on the record;

When a registered person sells or otherwise disposes of any vehicle he or she must add the following information to the record:

• the date of sale or other disposal of the vehicle;
• the name, address and contact details of the person receiving the vehicle;
• details of any proof of identity shown to the registered person by or on behalf of the purchaser of the vehicle, to establish the identity of the person receiving the vehicle, including whether any document produced was a UK photocard driver's licence, passport, utility bill, council tax bill, rent book or other form of identification containing a photograph of the vehicle purchaser;
• the condition of the vehicle at the time of disposal (e.g. whether it was repaired, unrepaired, dismantled or in the same condition as at purchase);
• the date when the additional information was entered on the record.

The records must be kept for a period of six years from the date of the last entry on the record for each vehicle.

The local authority has to keep 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 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 Richmond which is occupied by the motor salvage operation wholly, mainly or partly for the purpose of carrying out the business activity.

An edited version of the register will be made available to the public and may be viewed Monday to Friday during our office hours.

Eligibility criteria

For the purposes of the Act, a person is deemed to be carrying on a business as a motor salvage operator if he carries out a business which is concerned:

• wholly or partly with 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;
• wholly or mainly with the purchase of written-off vehicles and their subsequent repair and re-sale;
• wholly or mainly with the sale or purchase of motor vehicles which are to to be the subject (whether immediately or on a subsequent re-sale) of any of the activities previously mentioned.

The local authority has to be satisfied that any applicant is a fit and proper person to carry on the business as a motor salvage operator and will have regard to any convictions under this legislation and any offences of a description specified by the Secretary of State by Order. In deciding whether to approve registration, the Council will take 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 Vehicles (Crime) Act 2001.
• Details of any undischarged bankruptcy of the applicant or any directors or partners of the applicant business; and
• Information provided by the police (which must be disclosed by the applicant).

Registration may be refused if any applicant is deemed not to be a fit and proper person.

Some convictions are regarded as spent under the Rehabilitation of Offenders Act 1974. Please download our information on spent convictions(pdf, 29KB) for more details of this.

Changes to an existing registration

Operators who are registered must notify the Council, in writing, of any changes affecting the details of registration within 28 days of the changes occurring.

If you are applying for registration or renewal of your registration, you must inform the Council, in writing, of any changes which affect the accuracy of the information you have provided.

Offences

It is a criminal offence if you:

• Carry on a business as a motor salvage operator when you are not registered with the Council
• Fail to keep the required records
• Knowingly or recklessly make a false statement or provide false information in connection with an application for registration.
• Fail to notify the Council of any changes affecting the particulars of registration.

It is also an offence for a person who is selling a motor vehicle to a motor salvage operator to give a false name and address.

How to apply

By post

If you are applying for a new licence please download the application form(pdf, 29KB) and when completed please return it to the Licensing Team together with the fee of £67.00

Credit card payments are subject to a handling fee. There is no handling fee for debit card payments.

Online

• Apply for a Motor Salvage Operators Registration
• Apply to renew a Motor Salvage Operators Registration

Application evaluation process

When an application is received a licensing officer will carry out the necessary checks in accordance with the conditions of registration. The completed application forms will be submitted to the local police for comment and the Council will then assess then application.

Will tacit consent apply?

Yes. This means that you will be able to act as though your application is granted if you have not heard from the local authority by the end of the target completion period which in this case is 60 days.

Failed application redress

Any person who is refused a registration can appeal to the local Magistrates' Court

Licence holder redress

Any registration holder who objects to any of the licensing conditions attached to a registration may appeal to the local Magistrates' Court.

Consumer complaint

We would always advise in the first instance that in the event of a complaint, you make contact with the trader, if you are not satisfied with their response please contact the Licensing Team.

Other redress

Please contact the Licensing Team

Trade associations and related organisations

• Motor Vehicle Dismantlers Association
• British Vehicle Salvage Federation
• British Metals Recycling Association (BMRA)
• Car and Accessory Trader (CAT)

Contact the Licensing Team

If you have any questions or comments please contact Licensing

Licensing

2nd Floor
Civic Centre
44 York Street
Twickenham
TW1 3BZ

Telephone: 020 8831 6455
Fax: 020 8891 7713
Email: licensing@richmond.gov.uk