Removal, Storage and Disposal of Vehicles Regulations - Consultation Paper

2. Introduction

Scotland's vehicle recovery system plays an important role in supporting road safety, keeping roads clear, protecting communities and enabling effective policing.

Under section 99 of the Road Traffic Regulation Act 1984 and the Removal and Disposal of Vehicles Regulations 1986, the police have powers to remove vehicles that are illegally, obstructively or dangerously parked, abandoned or broken down. The physical recovery, storage and disposal of vehicles is carried out on behalf of the police by contracted recovery operators through Scotland's Vehicle Recovery Scheme.

The police also have powers under sections 126 and 127 of the Antisocial Behaviour etc. (Scotland) Act 2004 to remove and store vehicles that are being used in a manner causing alarm, distress or annoyance to the public. These powers apply to the removal and storage of vehicles, but do not extend to vehicle disposal.

Local authorities also have powers to remove, store and dispose of certain vehicles, including abandoned vehicles, under legislation including the Refuse Disposal (Amenity) Act 1978.

The above legislation is operationalised in Scotland through 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. These regulations replaced the previous charging arrangements and introduced a matrix-based system under which charges vary according to factors such as the size, condition and location of a vehicle. This allows more complex recoveries to attract higher charges than straightforward recoveries.

The statutory charges were last reviewed when the 2019 regulations were introduced. Since then, inflation and wider economic changes have increased operating costs across the vehicle recovery sector. Recovery operators have reported increases in costs associated with staffing, training, fuel, specialist equipment, premises and vehicle maintenance.

The Scottish Government is therefore reviewing the charging framework to consider whether the current charges remain appropriate and continue to support a sustainable and effective vehicle recovery service.

This review is also consistent with views expressed during the Scottish Government's 2018 consultation on vehicle recovery charges. At that time, respondents were asked whether charges should be updated annually in line with inflation or reviewed periodically. A majority of respondents preferred periodic reviews, such as every three or five years, rather than annual inflationary increases. This review is intended to meet that expectation and ensure that the framework remains fit for purpose.

During engagement with stakeholders, a number of broader issues affecting the sector have also been identified. In particular, stakeholders have highlighted the increasing number of electric vehicles (EVs) and powered light vehicles (PLEVs) on Scotland's roads and the operational challenges these vehicles can present. Recovery and storage of these vehicles may require specialist equipment, training, facilities and procedures, which can increase costs for recovery operators.

The Scottish Government recognises these concerns. However, the proposals set out in this consultation are not intended to address the specific costs associated with EVs and PLEVs. While these issues are important, further evidence and engagement are required to fully understand their impact and determine whether future changes to the charging framework may be necessary.

The Scottish Government will continue to work with stakeholders to build this evidence base and consider any longer-term reforms that may be required as vehicle technology evolves.