2023 No. 331

Road Traffic

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.

Chris PhilpMinister of StateHome Office

SCHEDULECharges applied in respect of removal, storage and disposal of vehicles

Regulations 9, 14, 16, 17 and 18

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

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

Table 3

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

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Police (Retention and Disposal of Vehicles) Regulations 1995 (S.I. 1995/723) (‘the 1995 Regulations’), the Police (Retention and Disposal of Motor Vehicles) Regulations 2002 (S.I. 2002/3049) (‘the 2002 Regulations’) and the Road Traffic Act 1988 (Retention and Disposal of Seized Motor Vehicles) Regulations 2005 (S.I. 2005/1606) (‘the 2005 Regulations’) to enable police officers to electronically serve notices of seizure or removal of vehicles.

These Regulations also substitute regulation 9 of the 1995 Regulations including by introducing two tables of charges. Different charges are prescribed for different classes of vehicle. The first table prescribes charges for the removal of vehicles. The charge for removal previously specified in the 1995 Regulations was £105. The second table prescribes charges for the retention of vehicles. The charge for retention previously specified in the 1995 Regulations was £12 for storage for each period of 24 hours or a part thereof. The level of the new charges prescribed is an increase of 28% (based on the increase in inflation calculated by comparing the increase in GDP deflators between 2008 and 2021/2022) in the charges, prior to amendment by these Regulations, in regulations 4 and 5 of the Removal, Storage and Disposal of Vehicles (Prescribed Sums and Charges) Regulations 2008 (S.I. 2008/2095) (‘the 2008 Regulations’).

These Regulations also amend the 2002 Regulations, the 2005 Regulations and the 2008 Regulations by providing an increase in the charges of 28% (based on the increase in inflation calculated by comparing the increase in GDP deflators between 2008 and 2021/2022). The amendments provide different fees for different classes of vehicles.

A full impact assessment of the effect that this instrument will have on the costs of business, the voluntary sector and community bodies is available from the Home Office, 2 Marsham Street, London, SW1P 4DF and is published with the Explanatory Memorandum alongside this instrument at www.legislation.gov.uk.