Removal, storage and disposal of vehicles regulations: analysis of consultation responses

Annex 1: The consultation questions

Q.1 Do you consider there should, as at present, be one flat rate charge for all removals ordered by the police or that there should be a number of different charges for different vehicle categories/incident scenarios Yes/No?

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Q.2 If you believe there should be one flat rate charge, on what do you think that should be based and what do you think it should be?

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Q.3 Vehicles removed on police instructions must be released to their owner on payment of any prescribed charge. If no charge is prescribed, they must be released on demand free of charge. Do you think there are any types of police ordered removal for which no charge should be prescribed?

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Q.4 Under the Scottish Government's proposals, as set out in Annex E, the regulations would prescribe different charges for different vehicle categories and incident scenarios. Do you agree with the current categories and scenarios? If not, what factors do you think should be taken into account in deciding those scenarios (e.g., type of vehicle to be removed, vehicle condition, vehicle position including whether or not upright, geographical location, nature and state of any load)?

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Q.5 The Scottish Government's proposals, as set out in Annex E,include allowing for more to be charged for a recovery of a vehicle that is not upright or is "significantly damaged". Do you agree with this approach, and with the Scottish Government's definition of "significant damage"? If not, what alternative approach would you suggest?

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Q.6. If you do not agree with the charges suggested by the Scottish Government, what charges would you suggest and on what would you base these?

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Q.7 If you do not think it practical to identify satisfactorily all the broad scenarios that might be encountered, would you prefer that no charge were prescribed or that there should be a charge "for all other cases"? If the latter, what do you think this should be?

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Q.8 Do you think the prescribed charges should take into account the fees recovery operators pay to belong to management schemes, or charges that are not paid, or any special requirements made of operators by the police? Are there other factors to consider, and if so how do you feel they should be reflected in charges?

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Q.9 Do you think there any unintended consequences of the Scottish Government's proposals or other factors not currently taken into account?

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Q.10 Should any prescribed charges be increased annually based on inflation (bearing in mind that this will require a Scottish statutory instrument to be prepared each year), or should the regulation be reviewed at specified times such as every 3 or 5 years?

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Q.11 Are there any factors the Scottish Government should take into account to reflect on the experiences of the matrix system that has been operating in England and Wales since 2008?

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