Motor salvage operator

The information below relates to the Motor salvage Operators Regulations 2002 and Vehicles (Crime) Act 2001, they are general guidance notes but must be read befre completion of an application form.

1. REGISTRATION

1.1 Any person, partnership or limited company carrying on a business as a motor salvage operator, under Section 1 of the above Act must register with the Local Authority in whose area their registered place of business is located.

1.2 Section 2 of the Vehicles Crime Act 2001 defines a person who carries on a business as a motor salvage operator if he carries on a business which consists:

• 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 vehicle concerned
• wholly or mainly in the purchase of written-off vehicles and their subsequent repair and resale
• 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 previously mentioned in points
• wholly or mainly in activities falling within previous points

1.3 Any person, partnership or limited company carrying on a business as a motor salvage operator who fails to register with the Local Authority shall be guilty of an offence and will be liable on summary conviction to a fine not exceeding level 5 (i.e. not exceeding £5000) on the standard scale.

1.4 The applicant must return the completed application form to the Licensing Section of the Rotherham Metropolitan Borough Council with the appropriate fee.

1.5 A copy of the application form will be passed on to the South Yorkshire Police for comments.

2. RECORD OF DEALINGS

2.1 Registered persons under Section 7(1) must keep records set out in the regulations.

2.2 These records may be maintained in electronic or manual form and must be located at or in the case of electronic records, accessible from the registered place of business.

2.3 When a registered person receives any vehicle he must make and keep a record of the following information:

• Details of the registration number, vehicle identification number, make, model and colour of the vehicle;
• The name and 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:

1. UK Photocard Drivers Licence
2. Passport
3. Utility bill
4. Council Tax or rent book
5. 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 in above was entered on the record

2.4 When a registered person sells or otherwise disposes of any vehicle he must add the following pieces of information to the record made under Paragraph (2) of this regulation:-

• 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:

1. UK Photocard Drivers Licence
2. Passport
3. Utility bill
4. Council Tax or rent book
5. Or other form of identification containing a photograph of the vehicle purchaser

• The condition of the vehicle at the time of the sale or other disposal. (for example, whether it was repaired, unrepaired, dismantled, or in the same condition as at purchase)
• The date when the information referred to in above was entered on the record

2.5 The records referred to in this regulation must be kept for a period of six years from the date of the last entry on the record for each vehicle.

2.6 Any person who fails to keep the records specified in the regulations to the Act shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.

2.7 Any person who when selling a motor vehicle to a motor salvage operator, in the course of their business, gives a false name or address shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

3. Police right of access to inspect the records and premisis

3.1 A police officer has the right of entry, without a warrant, at any reasonable time to inspect the premises of a motor vehicle salvage operator registered with Rotherham Metropolitan Borough Council.

The Police may at any reasonable time:

• Require production of and inspect, any motor vehicles or salvageable parts kept on the premises
• Require production of, inspect and take copies of or extracts from any records that the person registered is required to keep

When completing the application form:

You must give full and truthful information. Before completing the application please read the following notes.

You must specify the name and address of each place within the Rotherham Metropolitan Borough Council area which is occupied by the operator wholly, mainly or partly for the purpose of carrying on a business as defined in Section 1(2) of the Act;

You must give the full name(s), date(s) of birth, and the address(es) of the usual place of residence of the applicant or partner(s) or in the case of a limited company directors of the applicant business.

You must confirm whether or not this application is a new application or a renewal.

You must confirm whether any previous application (new or renewal) for registration has been refused by any Local Authority.

You must provide full details concerning the reasons for refusal including the date of the application, the date of the refusal, who refused it and the reasons.

You must list details of any convictions for any offence under Part 1 of the Vehicles (Crime) Act 2001 or any convictions for any of the following offences as specified by the Secretary of State:-

• 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 23 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

You must confirm whether you or any of the partners or directors of the applicant business is a bankrupt.

Please Note:

In order for us to consider the application for registration, all sections of the form must be completed and the fee must be enclosed.

When considering your application the Council must be satisfied that the applicant is a "fit and proper" person to carry on the business of a motor salvage operator and will take into account the information provided on the application form in relation to:

• Convictions under Part 1 of the Vehicles (Crime) Act 2001
• Convictions as specified
• Details of any undischarged bankruptcy
• Information provided by the Police

The Council have the power under the legislation to cancel a registration or to refuse, register, or renew an application.

When you have completed the application form please return it to the Licensing Section with the non-refundable fee.