Motor salvage operator

Summary of requirements

Motor salvage operators are required 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 premise.

Motor salvage operators will not be able to carry out their business unless they have registered with the local council. It is an offence to operate a motor salvage business that has not been registered. Summary conviction of this offence may lead to a fine not exceeding level 5 (currently £5000) on the standard scale.

A fee of £92 is payable for a new registration or for the renewal of a registration. Registration lasts for three years.

The content of the motor salvage operator register is open to members of the public.

Eligibility criteria

A person shall be treated as a motor salvage operator if he carries on a business which consists:

1. 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;
2. wholly or mainly in the purchase of written-off vehicles and their subsequent repair and re-sale;
3. 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 points 1 and 2 above; or
4. wholly or mainly in activities falling within points 2 and 3 above.

A motor salvage operator will need to register with Wandsworth Council if:

• they occupy a premises as a motor salvage yard in Wandsworth
• they do not occupy a premises as a motor salvage yard but their usual place of residence is in Wandsworth
• they do not occupy a premises as a motor salvage yard but they occupy a place in Wandsworth for the business of a motor salvage operator.

Application evaluation process

An application will be refused if we are not satisfied that the applicant is a fit and proper person to carry on business as a motor salvage operator. In making this decision, we will take into account any relevant previous 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 Vehicle Crimes Act 2001

We may cancel a registration if an operator is convicted of an offence under this Act or any other relevant offence or if we are satisfied that he is not carrying on a business as a motor salvage operator and has not, while registered, being doing so for at least 28 days.

If we intend to refuse an application or cancel a registration we must serve a notice on the applicant or operator. The notice must give details of what we are proposing to do, the reasons for it and the period during which the person may make representations. This period must not be less than 14 days and starts from the date of service of the notice. The operator may make representations either orally or in writing. In all cases the matter will be considered by the council's Regulatory Licensing Committee. A notice will be served detailing the decision of the Committee as to whether to grant an application, renew a registration or cancel a registration.

An operator must give us notice of changes to registered information within 28 days of the change and must give us notice that they are no longer carrying on the business of a motor salvage operator in Wandsworth within 28 days of ceasing to run the business. Failure to do either of the above is an offence.

What can I do if my application is refused?

Any person who is refused registration or where a registration is cancelled can appeal to:

Applications must be made within 21 days of service notice of the Council's decision.

What if I have a query about my registration?

Please contact Wandsworth Council at:

Email: licensing@wandsworth.gov.uk

Consumer complaints about a motor salvage operator

Please contact the Metropolitan Police or, alternatively, the council's Licensing Section at:

Email: licensing@wandsworth.gov.uk

Other complaints

If you want to make other types of complaints about a motor salvage operator business, e.g. related to noise or health and safety, please contact:

Email: esd@wandsworth.gov.uk

Trade associations and other sources of information

• British Metals Recycling Association (BMRA)
• Car and Accessory Trader (CAT)
• Motor Vehicle Dismantlers Association (MVDA)
• Motor Vehicle Repairers Association (MVRA)

Health and safety