2023 No. 331
The Removal, Storage and Disposal of Motor Vehicles (Amendment) Regulations 2023
Made
Laid before Parliament
Coming into force
The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 4(5) and (6), 5(1) and 10(1) of the Refuse Disposal (Amenity) Act 19781, sections 101A(3) and (4), 102(2) and (2A) and 103(3) of the Road Traffic Regulation Act 19842, section 165B(1) and (2)(a) to (c) and (4) of the Road Traffic Act 19883, section 67(3) and (5) of the Criminal Justice and Public Order Act 19944 and sections 60(1) and (2)(a) to (c) and 105(4) of the Police Reform Act 20025.
In accordance with section 134(2) of the Road Traffic Regulation Act 19846 and section 195(2) of the Road Traffic Act 1988, before making these Regulations the Secretary of State has consulted with such representative organisations as she thinks fit.
PART 1General
Citation, commencement, application and extent1
1
These Regulations may be cited as the Removal, Storage and Disposal of Motor Vehicles (Amendment) Regulations 2023.
2
These Regulations come into force on 6th April 2023, but do not apply to vehicles seized or removed before that date.
3
Parts 1 and 4 of these Regulations extend to England and Wales and Scotland.
4
Parts 2, 3 and 5 of these Regulations extend to England and Wales only.
PART 2Amendment of the Police (Retention and Disposal of Vehicles) Regulations 1995
Amendment of the Police (Retention and Disposal of Vehicles) Regulations 19952
The Police (Retention and Disposal of Vehicles) Regulations 19957 are amended in accordance with this Part.
Amendment of regulation 2 (application and interpretation)3
In regulation 2, in paragraph (2), at the appropriate place, insert the following definition—
“email address” means the email address provided on the vehicle’s seizure by the person from whom the vehicle was seized;
Amendment of regulation 4 (service of removal notice)4
In regulation 4—
a
at the end of paragraph (4)(c), omit “or”;
b
after paragraph (4)(c), insert “(cc) by sending it to the email address; or”
; and
c
in paragraph (4)(d)(i), after “that office” insert “, or by sending it to the email address”
.
Substitution of regulation 9 (charges for removal, retention and disposal of vehicles)5
For regulation 9, substitute—
Charges for removal and retention of vehicles9
1
The charges for the purpose of section 67(3)(b) of the 1994 Act8 are—
a
the amount payable for the removal of the vehicle as set out in paragraph (2);
b
the amount payable for the retention of the vehicle as set out in paragraph (3).
2
The amount payable for the removal of the vehicle—
a
depends upon the condition of the vehicle, the type of vehicle, whether it is on road or off road, as set out in column 1 of Table 1; and
b
shall be the charge specified in relation to that vehicle in columns 2 to 5 of that Table, the particular charge to be determined by—
i
reference to the MAM of the vehicle as described in row 1 of that Table; and
ii
for vehicles exceeding 7.5 tonnes MAM and not falling within row 2 of that Table, whether the vehicle is laden or unladen.
Table 1
1
2
3
4
5
1
Vehicle position and condition
Vehicle equal to or less than 3.5 tonnes MAM
Vehicle exceeding 3.5 tonnes MAM but equal to or less than 7.5 tonnes MAM
Vehicle exceeding 7.5 tonnes MAM but equal to or less than 18 tonnes MAM
Vehicle exceeding 18 tonnes MAM
2
Vehicle on road, upright, and not substantially damaged, or any two wheeled vehicle whatever its condition or position on or off road
£192
£256
£448
£448
3
Vehicle, excluding a two wheeled vehicle, on road but either not upright or substantially damaged or both
£320
£832
Unladen - £2561
Unladen - £3842
Laden - £3842
Laden - £5763
4
Vehicle, excluding a two wheeled vehicle, off road, upright and not substantially damaged
£256
£512
Unladen - £1281
Unladen - £1921
Laden - £1921
Laden - £2561
5
Vehicle, excluding a two wheeled vehicle, off road but either not upright or substantially damaged or both
£384
£1089
Unladen - £3842
Unladen - £5763
Laden - £5763
Laden - £7684
3
The amount payable for the retention of the vehicle, for each period of 24 hours or a part thereof during which the vehicle is in the custody of the authority, with regards to vehicles set out in row 1 of Table 2, is the charge specified in relation to those vehicles in row 2 of that Table.
Table 2
1
2
3
4
5
1
Two wheeled vehicle
Vehicle, not including two wheeled vehicle, equal to or less than 3.5 tonnes MAM
Vehicle exceeding 3.5 tonnes MAM but equal to or less than 7.5 tonnes MAM
Vehicle exceeding 7.5 tonnes MAM but equal to or less than 18 tonnes MAM
Vehicle exceeding 18 tonnes MAM
2
£13
£26
£32
£38
£45
4
For the purpose of this regulation, the MAM of a vehicle includes the MAM of any trailer attached to that vehicle.
5
For the purposes of Table 1 a vehicle will only be considered upright if all the parts of the vehicle are upright.
6
For the purposes of paragraph (3), each period of 24 hours shall be reckoned from noon on the first day after removal during which the place at which the vehicle is stored is open for the claiming of vehicles before noon.
7
For the purpose of this regulation—
“laden” means that the vehicle is carrying a load;
“load” means anything other than—
a
the body and all parts of the vehicle which are necessary to or ordinarily used with the vehicle when working on a road;
b
any water, fuel or accumulators used for the purpose of the supply of power for the propulsion of the vehicle;
c
the driver, any passengers and their personal effects;
d
a crane, works truck as defined in regulation 3(2) of the Road Vehicles (Construction and Use) Regulations 19869, or other special appliance or apparatus which is a permanent or essentially permanent fixture of the vehicle; and
e
any containers or other equipment intended or adapted for the purpose of holding or carrying a load by the vehicle;
“MAM” means maximum authorised mass as defined in regulation 3(1) of the Motor Vehicles (Driving Licences) Regulations 199910;
“off road” means that no part of the vehicle is in contact with the road;
“on road” means that any part of the vehicle is in contact with the road;
“road” means any length of highway or of any other road to which the public has access, and includes bridges over which a road passes;
“substantially damaged” means such damage to a vehicle that in the reasonable opinion of a constable it cannot be driven safely on the road;
“two wheeled vehicle” means a mechanically propelled vehicle constructed or adapted to have two wheels or less and the MAM of which does not exceed 3.5 tonnes;
“unladen” means that the vehicle is not carrying a load.
PART 3Amendment of the Police (Retention and Disposal of Motor Vehicles) Regulations 2002
Amendment of the Police (Retention and Disposal of Motor Vehicles) Regulations 20026
The Police (Retention and Disposal of Motor Vehicles) Regulations 200211 are amended in accordance with this Part.
Amendment of regulation 2 (interpretation)7
In regulation 2, at the appropriate place, insert the following definition—
“email address” means the email address provided on the vehicle’s seizure by the person from whom the vehicle was seized;
Amendment of regulation 4 (giving of seizure notice)8
In regulation 4—
a
at the end of paragraph (4)(c), omit “or”;
b
after paragraph (4)(c) insert “(cc) by sending it to the email address; or”
;
c
in paragraph (4)(d), after “that office”, insert “, or by sending it to the email address”
.
Amendment of regulation 6 (charges in relation to the removal and retention of a motor vehicle)9
In regulation 612—
a
in paragraph (2), for the table entitled “Table 1 – Regulation 6(2)”, substitute the table entitled “Table 1”
in the Schedule, and
b
in paragraph (3), for the table entitled “Table 2 – Regulation 6(3)”, substitute the table entitled “Table 2”
in the Schedule.
PART 4Amendment of the Road Traffic Act 1988 (Retention and Disposal of Seized Motor Vehicles) Regulations 2005
Amendment of the Road Traffic Act 1988 (Retention and Disposal of Seized Motor Vehicles) Regulations 200510
The Road Traffic Act 1988 (Retention and Disposal of Seized Motor Vehicles) Regulations 200513 are amended in accordance with this Part.
Amendment of regulation 2 (interpretation)11
In regulation 2 at the appropriate place, insert the following definition—
“email address” means the email address provided on the vehicle’s seizure by the person from whom the vehicle was seized;
Amendment of regulation 4 (giving of seizure notice)12
In regulation 4—
a
at the end of paragraph (5)(b)(ii), insert “or”
;
b
after paragraph (5)(b)(ii), insert “(iii) by sending it to the email address;”
;
c
after paragraph (5)(c)(ii), insert “(iii) by sending to the email address; or”
;
d
in paragraph (5)(d), after “that office” insert “or by sending it to the email address”
.
Amendment of regulation 5 (release of vehicles)13
For regulation 5(1)(a) substitute—
a
satisfies the authorised person that at the time of the seizure of the vehicle he was the registered keeper or the owner of that vehicle
Amendment of regulation 6 (charges in relation to the seizure and retention of a motor vehicle)14
In regulation 614—
a
in paragraph (2), for the table entitled “Table 1 – Regulation 6(2)”, substitute the table entitled “Table 1”
in the Schedule, and
b
in paragraph (3), for the table entitled “Table 2 – Regulation 6(3)”, substitute the table entitled “Table 2”
in the Schedule.
PART 5Amendment of the Removal, Storage and Disposal of Vehicles (Prescribed Sums and Charges) Regulations 2008
Amendment of the Removal, Storage and Disposal of Vehicles (Prescribed Sums and Charges) Regulations 200815
The Removal, Storage and Disposal of Vehicles (Prescribed Sums and Charges) Regulations 200815 are amended in accordance with this Part.
Amendment of regulation 4 (charges in relation to the removal of vehicles)16
In regulation 4, for the table entitled “Table 1- Regulation 4”, substitute the table entitled “Table 1”
in the Schedule.
Amendment of regulation 5 (charges in relation to the storage of vehicles)17
In regulation 5, for the table entitled “Table 2 – Regulation 5”, substitute the table entitled “Table 2”
in the Schedule.
Amendment of regulation 6 (charges in relation to the disposal of vehicles)18
In regulation 6, for the table entitled “Table 3 – Regulations 6”, substitute the table entitled “Table 3”
in the Schedule.
SCHEDULECharges applied in respect of removal, storage and disposal of vehicles
1 | 2 | 3 | 4 | 5 | |
---|---|---|---|---|---|
1 | Vehicle position and condition | Vehicle equal to or less than 3.5 tonnes MAM | Vehicle exceeding 3.5 tonnes MAM but equal to or less than 7.5 tonnes MAM | Vehicle exceeding 7.5 tonnes MAM but equal to or less than 18 tonnes MAM | Vehicle exceeding 18 tonnes MAM |
2 | Vehicle on road, upright, and not substantially damaged, or any two wheeled vehicle whatever its condition or position on or off road | £192 | £256 | £448 | £448 |
3 | Vehicle, excluding a two wheeled vehicle, on road but either not upright or substantially damaged or both | £320 | £832 | Unladen - £2561 | Unladen - £3842 |
Laden - £3842 | Laden - £5763 | ||||
4 | Vehicle, excluding a two wheeled vehicle, off road, upright and not substantially damaged | £256 | £512 | Unladen - £1281 | Unladen - £1921 |
Laden - £1921 | Laden - £2561 | ||||
5 | Vehicle, excluding a two wheeled vehicle, off road but either not upright or substantially damaged or both | £384 | £1089 | Unladen - £3842 | Unladen - £5763 |
Laden - £5763 | Laden - £7684 |
1 | 2 | 3 | 4 | 5 | |
---|---|---|---|---|---|
1 | Two wheeled vehicle | Vehicle, not including two wheeled vehicle, equal to or less than 3.5 tonnes MAM | Vehicle exceeding 3.5 tonnes MAM but equal to or less than 7.5 tonnes MAM | Vehicle exceeding 7.5 tonnes MAM but equal to or less than 18 tonnes MAM | Vehicle exceeding 18 tonnes MAM |
2 | £13 | £26 | £32 | £38 | £45 |
1 | 2 | 3 | 4 | 5 | |
---|---|---|---|---|---|
1 | Two wheeled vehicle | Vehicle, not including a two wheeled vehicle, equal to or less than 3.5 tonnes MAM | Vehicle exceeding 3.5 tonnes MAM but equal to or less than 7.5 tonnes MAM | Vehicle exceeding 7.5 tonnes MAM but equal to or less than 18 tonnes MAM | Vehicle exceeding 18 tonnes MAM |
2 | £64 | £96 | £128 | £160 | £192 |
(This note is not part of the Regulations)