Removal, storage and disposal of vehicles regulations: business regulatory impact assessment

1. Executive summary

This Business and Regulatory Impact Assessment (BRIA) relates to proposed changes to the current Scottish vehicle recovery charging framework, in particular the Removal, Storage and Disposal of Vehicles (Prescribed Sums and Charges etc.) (Scotland) Regulations 2019 and the Police (Retention and Disposal of Motor Vehicles) (Scotland) Amendment Regulations 2019 (which amend the 2005 Regulations), with a view to informing proposed amending instruments in 2027. The aim of these changes will be to put in place revised charges that would apply when the police or local authorities invoke their legislative powers to remove, store or dispose of vehicles. Under section 99 of the Road Traffic Regulation Act 1984 (“the 1984 Act”) and the Removal and Disposal of Vehicles Regulations 1986, the police have the power to remove vehicles that are illegally, obstructively, or dangerously parked, abandoned or broken down. The physical tasks of removal and subsequent disposal are carried out on behalf of the police by contracted recovery operators across Scotland as part of the Vehicle Recovery Scheme. Removals ordered by the police are necessary in order to enforce the law and to remove obstructions and potential dangers. They also help prevent theft of the vehicles, their use for criminal purposes, their becoming a focus for crime or environmental degradation and their being driven whilst in a dangerous condition (which may not be immediately apparent). The need for a review has arisen from the passage of time (involving both the effects of inflation and changes to the operational environment) as well as suggestions that the flat rate charges applying in respect of all vehicles, in all situations, in all parts of the country do not adequately reflect the different costs that may be incurred. This consultation focuses on possible changes in respect of statutory charges for vehicle removal, storage and disposal. The consultation proposes a potential uplift of up to 31% in statutory fees, based on the GDP deflator in the seven-year period from 2018/19 to 2025/26.