Correspondence

Circular 003/2023: Charges for the removal, storage and disposal of vehicles under road traffic law

Updated 22 March 2023

Roads policing

Introduction

1. This circular is issued to inform the police, local authority and other relevant public authorities, of increased statutory charges for the removal storage and disposal of vehicles under road traffic law, alongside other amendments to Regulations made under powers in the Road Traffic Regulation Act 1984 (the 1984 Act), the Road Traffic Act 1988 (the 1988 Act), the Police Reform Act 2002 (the 2002 Act), the Criminal Justice and Public Order Act 1994 (the 1994 Act). Local authorities also have corresponding powers to the RTRA under the Refuse Disposal (Amenity) Act 1978 (the 1978 Act). These changes will take effect from 6 April 2023.

2. This circular does not constitute legal advice. It is not a statement of law and is not intended to provide a comprehensive description or interpretation of the regulations. The circular should be read alongside the regulations and accompanying explanatory notes.

3. The following regulations have been amended by the Removal, Storage and Disposal of Motor Vehicles (Amendment) Regulations 2023:

a. the Police (Retention and Disposal of Vehicles) Regulations 1995 (the 1995 Regulations)

b. the Police (Retention and Disposal of Motor Vehicles Regulations 2002 (the 2002 Regulations)

c. the Road Traffic Act 1988 (Retention and Disposal of Seized Motor Vehicles) Regulations 2005 (the 2005 Regulations)

d. the Removal, Storage and Disposal of Vehicles (Prescribed Sums and Charges) Regulations 2008 (the 2008 Regulations)

4. The 1995, 2002 and 2008 Regulations apply to England and Wales. The 2005 Regulations apply to England and Wales and Scotland.

Background

5. The police have powers under the 1984 Act; the 1988 Act; the 1994 Act and the 2002 Act to remove vehicles in specific circumstances, such as abandoned vehicles or illegal parking. Local authorities also have corresponding powers to the 1984 Act under the 1978 Act.

6. When exercising these powers, the police are empowered to charge the vehicle owner for the vehicle removal, storage and in some circumstances disposal or (potentially) destruction. The majority of these vehicle recovery charges were last updated in 2008 and in respect of the charges prescribed in regulations made under the powers in the 1994 Act, they were last updated in 1995. As a result, the charges are no longer set at a suitable level for vehicle recoveries to remain operationally viable.

7. On 17 May 2021, the Home Office launched a consultation seeking views on new levels of charges applied to the removal, storage and disposal of vehicles in England and Wales to the following regulations.

• 1995 Regulations

• 2002 Regulations

• 2005 Regulations

• 2008 Regulations

• The Road Traffic Act 1988 (Retention and Disposal of Seized Motor Vehicles) (Amendment) Regulations 2008 (the 2008 Amendment Regulations)

• The Road Traffic Act 1988 (Retention and Disposal of Seized Motor Vehicles) (Amendment) Regulations 2008 (the 2008 Amendment Regulations)

8. The aim of review was to ensure that the charges remain fair both to those carrying out the recoveries and to those whose vehicles are being recovered. The review took account of increased costs applied to this type of work and changes to the operational environment. The consultation also sought views on whether the possible scenarios and the definitions of terminology used in the regulations that would apply when the police invoke their legislative powers to remove, store or dispose of vehicles were still current.

9. This consultation did not cover the way in which the police use their power to order vehicle removal, or the operation of recovery schemes and contracts. These issues are matters for the police, in consultation with interested parties as they consider appropriate.

10. This consultation ran in parallel to the Police, Crime, Sentencing and Courts Act 2022, which secured royal assent in April 2022, and which clarified the enabling power to charge for the removal of abandoned vehicles or those causing an obstruction under the Road Traffic Regulation Act 1984.

11. The Home Office published the response on GOV.UK in January 2023.

12. The consultation response set out an increase in charges and changes to provisions for an electronic seizure form and the release of vehicles to ensure police vehicle recovery leads and recovery operators can continue to operate. To ensure that a sustainable uprating of the charges will be introduced, from April 2023, the average increase to the charges will be 28%.

13. Several stakeholders have cited emerging concerns about electric vehicles. As this was outside of the scope of the consultation, we will collect evidence on the appropriate level of charging for electric vehicles in our next review of charges by 2025.

The Removal, Storage and Disposal of Motor Vehicles (Amendment) Regulations 2023, (commencement date: 6 April 2023)

Contacts

James Lowes [email protected]

Tracy Catling [email protected]

14. These regulations will update the sums that the police, or in relevant circumstances the local authority, are entitled to charge for a vehicle’s removal, storage and disposal. It will introduce an increase of 28% to the charges prescribed by regulations under 1984 Act; the 1978 Act; the 2002 Act and the 1988 Act. These Regulations will also update the vehicle recovery charges set in 1995 as prescribed by regulations under the 1994 Act from a single removal and storage charge to the latest table of charges. The new table of fees will harmonise the charges prescribed under the 1994 Act so that they are consistent with charges under the other vehicle recovery legislation.

15. Example of the table of charges –

• The prescribed removal charge for a standard private car, found upright, on road and not substantially damaged i.e. vehicle, not including a 2 wheeled vehicle, equal to or less than 3.5 tonnes MAM will now be £192 (previously £150 in the 2002, 2005 and 2008 Regulations) but increases to £320 (previously £250 in the 2002, 2005 and 2008 Regulations) for a car that is substantially damaged.

• If the private car is not recovered from the police compound, then the daily storage charge will now be £26 (previously £20 in the 2002, 2005 and 2008 Regulations).

• If the private car is never recovered then the disposal charge will now be £96 (previously £75 in the 2008 Regulations).

Removals

The charges for removals can be found in regulation 5 and table 1 of the schedule in the new regulations.

1. Vehicle position and condition	2. Vehicle equal to or less than 3.5 tonnes maximum authorised mass (MAM)	3. Vehicle exceeding 3.5 tonnes MAM but equal to or less than 7.5 tonnes	4. Vehicle exceeding 7.5 tonnes MAM but equal to or less than 18 MAM	5. Vehicle exceeding 18 tonnes MAM
2. Vehicle on road, upright and not substantially damaged or any 2 wheeled vehicle whatever its condition or position on or off the road	£192	£256	£448	£448
3. Vehicle, excluding a 2 wheeled vehicle, on road but either not upright or substantially damaged or both	£320	£832	Unladen - £2,561 Laden - £3,842	Unladen - £,3842 Laden - £5,763
4. Vehicle, excluding a 2 wheeled vehicle, off road, upright and not substantially damaged	£256	£512	Unladen - £1,281 Laden - £1,921	Unladen - £1,921 Laden - £2,561
5. Vehicle, excluding a 2 wheeled vehicle, off road but either not upright or substantially damaged or both	£384	£1,089	Unladen - £3,842 Laden - £5,763	Unladen - £5,763 Laden - £7,684

Storage (for each period of 24 hours or part thereof)

The charges for storage can be found in regulation 5 and table 2 of the schedule in the new regulations.

1. Two wheeled vehicle	2. Vehicle, not including a 2 wheeled vehicle, equal to or less than 3.5 tonnes MAM	3. Vehicle exceeding 3.5 tonnes MAM but equal to or less than 7.5 tonnes MAM	4. Vehicle exceeding 7.5 tonnes MAM but equal to or less than 18 MAM	5. Vehicle exceeding 18 tonnes MAM
£13	£26	£32	£38	£45

Disposal

The charges for disposal can be found in table 3 of the schedule in the new regulations.

1. Two wheeled vehicle	2. Vehicle, not including a two wheeled vehicle, equal to or less than 3.5 tonnes MAM	3. Vehicle exceeding 3.5 tonnes MAM but equal to or less than 7.5 tonnes MAM	4. Vehicle exceeding 7.5 tonnes MAM but equal to or less than 18 MAM	5. Vehicle exceeding 18 tonnes MAM
£64	£96	£128	£160	£192

16. These regulations amend the seizure and removal notice provisions as set out in the 1995,2002 and 2005 Regulations to allow notices to be given electronically.

17. These regulations will also amend the release or vehicles provision in regulation 5 of the 2005 Regulations to strengthen the process for the release of a vehicle, as the owner or registered keeper can be transferred after vehicle seizure.

March 2023