Motor Salvage Operator

• 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 police require entry to a registered premises.)

Summary of Legislation
The Vehicles (Crime) Act 2001 and the Motor Salvage Operators Regulations 2002 aim to reduce the rising tide of vehicle crime by reducing the opportunities to dispose of stolen vehicles. The decision to regulate this type of business arose from a court case which decided that motor salvage operators could not be registered under the Scrap Metal Dealers Act 1964.

The Motor Salvage Regulations 2002 set out:

• The particulars of each motor salvage operator that must be recoded in the register;
• The requirements for registration or renewal of the registration; and
• The requirements for records to be kept by registered motor salvage operators.

The legislation can be found here.

Who needs to notify?
A person is deemed to be carrying on a business as a motor salvage operator if they carry out a business, which consists of:

• 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 re-sale;
• 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 paragraphs (a) and (b); or
• wholly or mainly in activities falling within the second and third points.

How long will it take to consider the notification?
The Council can only register a Motor Salvage Operator after it has consulted with the Police and have been satisfied that the applicant is a fit and proper person. Once these consultations have been received, and are satisfactory, the Council will aim to complete consideration of the application within 40 working days.

How much will it cost to notify?
The registration is for a period of three years. The current statutory fee is £70.00. After the initial three years, a further application form will need to be submitted to the Licensing Team two months before the expiry of the existing registration, together with the appropriate registration fee.

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 is a maximum of 40 working days.

if you have not heard from us within a reasonable period, please contact us at the address given below.

How do I apply?
To apply as a motor salvage operator you must submit an application form and a police enquiry form, together with documents to prove your identity. You may be expected to produce these in person at one of the Council's offices.

The application details will be passed to the North Yorkshire Police. In deciding whether to approve an application for registration, the Council must be satisfied that the applicant is a 'fit and proper' person. The Council can refuse registrations to anyone convicted of an offence under the Act, or unspent convictions for any of the following offences:

• theft or attempted theft of or from a motor vehicle
• taking a motor vehicle without consent
• aggravated vehicle taking
• handling stolen goods
• going equipped to steal or take a motor vehicle
• interference with a motor vehicle
• tampering with a motor vehicle

An application to register as a motor salvage operator can be approved by an officer in the absence of any offences by the applicant. If there are any concerns or objections to the application it will be referred to the appropriate Licensing Committee of the Council for hearing of the application. The applicant will be permitted to attend the meeting, with a representative if desired, to make representations to the Committee before it considers and determines the application. You can download an application form here and police enquiry form here and submit the forms, together with proof of identity, and the fee, to the Licensing Team at the address given below.

If my application is refused, how do I appeal?
Please contact us at the address given below in the first instance.

Where the Council's decision is to refuse or cancel registration, we must serve a notice on you informing you of our intention to do so, the reasons why, and the period in which you can make representation to the Council (not less than 14 days)

If after representations have been made the Council decides to proceed with the refusal or cancellation of the registration it must serve a Notice on you informing you of their decision and also providing you with details relating to your rights of appeal against the decision.

In this case, the operator may appeal to the local Magistrates' Court within 21 days of service of the Local Authority notice.

What if I have a complaint or concern?
Contact us in the first instance at the address below. Otherwise, if you are located in the UK, Consumer Direct will give you advice. From outside the UK, contact the UK European Consumer Centre.

For further information
Further information about the need for registration and the process involved, is available from the Licensing Team at the address given below.

Contact Information
Licensing Team
Environmental Health Shared Service
Richmondshire District Council
Swale House
Richmond
North Yorkshire
DL10 4JE

Telephone: 01748 829100
Email:licensingteam@hambleton.gov.uk