Motor salvage operator registration
The Motor Salvage Operators Regulations 2002 require that all
businesses involved in the breaking of motor vehicles with a view
to the resale of parts must be registered with the Council.
The application will include liaison with Greater Manchester Police
to carry out a check of criminal records of applicants, to ensure
that operators meet the "fit and proper" test.
Licence summary
A person is required to be registered 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 vehicles
concerned:
- Wholly or mainly in the purchase of written-off vehicles and
their subsequent repair or 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 (i) or
(ii); or
- Wholly or mainly in activities falling within paragraphs (ii)
or (iii)
- An entry in the motor salvage operator's register is valid for
three years from the date of entry and should be renewed prior to
the expiration of that period.
Eligibility criteria
A Local Authority shall, on receiving an application to be
registered as a motor salvage operator, satisfy itself that the
applicant is a fit and proper person to carry on such a business.
In deciding whether they are so satisfied the Local authority shall
have regard to -
1. whether the applicant has been convicted of any offences of a
description specified by the Secretary of State by order (listed
below)
Offences under the Act are:
- Failure to Register a business as a motor salvage operator
- Failure to keep records in the form specified in the Act (see
below)
- Making false statements
- Failure to notify the local authority of changes (in the
business)
- Giving false particulars on sale of salvage to a motor salvage
operator
Specified offences
Any unspent convictions for the following offences -
- Theft or attempted theft of or from motor vehicles, 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 Vehicle Crimes Act
2001
- And also any case of un-discharged bankruptcy of the applicant
or any directors or partners of the applicants business.
- If an applicant is considered not to be a suitable person to
become a registered motor salvage operator then he will be advised,
in writing, and given the opportunity to make representations to
the Council. Guidance will be given in these procedures if
applicable,
Police right of access to inspect records and premises
- The police have right of entry without a warrant at any
reasonable time. They may inspect vehicles or salvageable parts
kept on the premises, and may inspect and take copies or extracts
of records.
- A registration lasts for three years.
- If the application is refused or the registration cancelled,
then there is a right of appeal to the Magistrates.
Keeping of records and receipt of a vehicle
The motor salvage operator must, on receipt of a vehicle, make
and keep the following records either in a manual register, record
book or electronically:
- Details of the vehicle, including Vehicle Registration Mark
(VRM) Vehicle identification Number (VIN), make, model and
colour;
- 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, a passport, a utility
bill or 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
onto the record.
However, in cases of vehicles collected by the operator and
where ID of the person legally responsible for disposing of the
vehicle is not available at the point of collection or it cannot be
obtained from the collection source, the operator must record the
fact as well as the details of the place/person the vehicle was
collected from. In cases where a vehicle is left (abandoned) at the
operators premises without the vendor providing evidence of
identification it should be treated as an abandoned vehicle and
reported to the police and the local authority.
Sale of a vehicle
On selling or disposal of any vehicle, the motor salvage
operator shall add the following information against the relevant
vehicle entry:
- Date of sale or disposal
- Name, address and contact details of the purchaser or
recipient
- Details of proof of identity shown to the registered person by,
or on behalf of the purchaser or recipient of the vehicle,
including whether any document produced was a UK photocard drivers
licence, a passport, a utility bill or rent book or other form of
identification containing a photograph of the vehicle
purchaser.
- Condition of the vehicle at the time of sale or disposal
(repaired, un-repaired, condition as at purchase, dismantled
etc)
- The date on which this information was entered onto the
record.
The records must be located at or in the case of electronic
records, accessible from the registered place of business. Records
must be kept for 6 years.
Failure to keep proper records is an offence, liable on summary
conviction to a fine not exceeding £2500.00
Persons selling a vehicle to a motor salvage operator in the
course of their business who provide false name or address are
guilty of an offence leading to a fine on summary conviction of up
to £1,000.
Regulation summary
A
summary of the regulations for this licence.
Application evaluation process
Applicants must provide the following:
- Their full name
- The address of the dealer, or in the case of a company, their
registered or principal office
- The address of each place occupied as a Motor Salvage store, if
any
- If the business is carried on without a motor salvage
store
- If the business is carried on without a motor salvage store but
the applicant occupies a place for the purposes of business, and
the address of such a place
- The registered dealer must notify the local authority of any
changes to these details or if they cease to be a motor salvage
operator.
Will tacit consent apply?
No. It is in the public interest that we must process your
application before it can be granted. If you have not heard from us
within a reasonable period, please contact us using the
contact details provided.
Apply for a licence
You are able to download an application from the link
below. You shoule be able to submit this online later
in 2010:
Application to register as a motor salvage operator;
Motor Salvage Operator Police Check Form.
Application to change a registration as motor salvage
operator.
Failed application redress
Please contact us (Licensing Service) in the first instance.
Licence holder redress
Please contact us (Licensing Service) in the first instance.
Consumer complaint
We would always advise that in the event of a complaint the
first contact is made with the trader by you - preferably in the
form a letter (with proof of delivery). If that has not worked, if
you are located in the UK, Consumer Direct will give
you advice. From outside the UK contact the UK European Consumer Centre.
Trade associations
British Metals Recycling
Associations (BMRA) .
International Aluminium
Institute .
International Lead Association .
Metal Bulletin