Removal, Storage and Disposal of Vehicles Regulations - Consultation Paper

12. Annex D: Summary of Existing Legislation

In 2019, the Scottish Government introduced two sets of regulations to modernise the charges associated with vehicle removal, storage, and disposal in Scotland.

• The Removal, Storage and Disposal of Vehicles (Prescribed Sums and Charges etc.) (Scotland) Regulations 2019 update charges for removing, storing, and disposing of vehicles that are illegally parked, abandoned, or broken down, ensuring costs reflect current expenses.
• The Police (Retention and Disposal of Motor Vehicles) (Scotland) Amendment Regulations 2019 revise charges for vehicles removed by police for causing alarm, distress, or annoyance under antisocial behaviour laws.
• Both aim to ensure that the costs of vehicle recovery are adequately covered, reflecting inflation and operational expenses since the previous updates in 2005, but they apply to different scenarios and legal frameworks.

1. The Removal, Storage and Disposal of Vehicles (Prescribed Sums and Charges etc.) (Scotland) Regulations 2019

Purpose

The Removal, Storage and Disposal of Vehicles (Prescribed Sums and Charges etc.) (Scotland) Regulations 2019 revoke and replace the earlier Scottish charging instruments governing removal, storage and disposal charges, and introduce the current matrix-based charging structure. This provided a change to the fees that Police Scotland and local authorities can charge for removing, storing, and disposing of vehicles, such as those illegally parked or abandoned to better reflect inflation and modern expenses.

Parent Legislation

The regulations are made under the following:

• Road Traffic Regulation Act 1984 (sections 101(4), 101(4A)(b)(ii), 101(5) and 101(5A)(b)(ii), 102(2) and 103(3)), which authorizes the removal of vehicles causing obstructions or parked illegally and allows for the recovery of associated costs.
• Refuse Disposal (Amenity) Act 1978 (sections 4(5) and (6), 5(1) and 10(1)), which mandates local authorities to remove abandoned vehicles and enables cost recovery.

These laws collectively empower authorities to manage vehicles that pose safety, environmental, or public order issues.

How It Is Used

These regulations are applied in scenarios where vehicles are:

• Illegally, obstructively, or dangerously parked.
• Abandoned on public or private land.
• Broken down and posing a hazard.

Charging Structure:

• Effective from October 10, 2019, the regulations introduced a matrix-based charging system that varies by vehicle type, condition, and location. Examples include:
  • Motorcycle: £190
  • Laden vehicle over 18 tonnes, off-road, not upright, or significantly damaged: £7570
• Previous charges (set in 2005) were flat rates: £150 for removal, £20 per day for storage, and £150 for disposal.
• The new charges better reflect the complexity of recovery operations, such as the equipment and labour required for large or damaged vehicles.

Implementation:

• Both Police Scotland and local authorities can invoke these charges.
• Vehicle recovery operators, contracted by Police Scotland, carry out the physical removal, storage, and disposal.
• Owners or responsible persons are billed for the costs, which must be paid to retrieve the vehicle.

2. Police (Retention and Disposal of Motor Vehicles) (Scotland) Amendment Regulations 2019

Purpose

These regulations amend the Police (Retention and Disposal of Motor Vehicles) (Scotland) Regulations 2005 to update the charges for removing and retaining vehicles under the Antisocial Behaviour etc. (Scotland) Act 2004. The amendment addresses the inadequacy of the 2005 charges (£105 for removal, £12 per day for storage, no disposal charge) by aligning them with current operational costs.

Parent Legislation

The regulations are made under:

• Antisocial Behaviour etc. (Scotland) Act 2004 (sections 126 and 127), which respectively grants police powers to seize and remove vehicles used in a manner causing alarm, distress, or annoyance to the public and allows for the prescription of charges, and enables regulations to make provision about the retention, release/disposal and charges in relation to vehicles seized under section 126.

How It Is Used

These regulations are applied when Police Scotland removes vehicles under section 126 of the 2004 Act, specifically for:

• Vehicles used in a manner causing alarm, distress, or annoyance, such as reckless driving or loud music from parked cars in residential areas.

Charging Structure:

• The 2005 regulations (which pre-date the 2019 regs) set charges at £105 for removal and £12 per day for storage, with no provision for disposal charges.
• The 2019 amendment regulations replaced the previous flat-rate charging structure with a matrix-based structure for removal and retention charges, with the amount payable depending on vehicle type/size and the circumstances of removal.

Implementation:

• Only Police Scotland can apply these charges, as the powers are specific to police actions under the 2004 Act.
• Vehicle recovery operators contracted by Police Scotland handle the removal and storage.
• Owners must pay the charges to retrieve their vehicles.