Removal, Storage and Disposal of Vehicles Regulations - Consultation Paper

7. Key Proposals

Statutory Fee Uplift – 31% Increase

Based on the ONS GDP deflator (2018/19–2025/26), we propose increasing all statutory removal, storage, and disposal fees by 31%. See Annexes A, B and C which set out the new proposed charging tables.

Ferry Cost Recovery

Currently a flat rate of £125 is paid to recovery operators for any ferry crossing required as part of a police-initiated vehicle removal, regardless of the duration of the crossing, waiting time prior to embarkation, or delays resulting from disruption to ferry services. This flat rate does not reflect the variation in costs associated with different ferry routes and operating conditions.

We are consulting on proposals to increase the existing flat rate by 31%, in line with inflation, to £164. In addition, we are consulting on the introduction of an hourly waiting-time charge where a recovery operator is required to wait as a direct consequence of a ferry crossing being necessary to complete the recovery.

The proposed hourly rates are:

For the purposes of this proposal, waiting time would apply only where a recovery operator is unable to proceed with the recovery journey because they are awaiting a scheduled ferry service, or as a result of ferry delays or cancellations. Waiting time would commence from the scheduled arrival time at the ferry terminal (or the time of arrival where this is later) and cease when the ferry journey commences. Where delays or cancellations occur following arrival at the terminal, the period of delay would continue to accrue until embarkation takes place or alternative arrangements are made.

The proposed hourly rates are intended as prescribed charges that would apply in defined circumstances, rather than discretionary reimbursement of actual costs.

Evidence of ferry-related waiting time would be required and could include ferry operator schedules, booking records, cancellation notices or other records demonstrating the duration of the delay. The proposed rates are indicative and intended to stimulate consultation. We recognise that ferry-related impacts may differ significantly across Scotland's island and rural communities and welcome evidence from recovery operators and other stakeholders on the appropriateness of the proposed approach and charging levels.

Mileage Rate Adjustment

At present, a flat rate of £1.10 per mile applies where the distance travelled in connection with a recovery exceeds 40 miles.

The existing flat rate does not take account of the size or weight of either the recovery vehicle or the vehicle being recovered. These factors can significantly affect fuel consumption, operating costs and vehicle wear and tear. As a result, the current approach may not accurately reflect the differing costs associated with larger or more specialist recoveries.

It is therefore proposed that the existing flat rate be replaced with a tiered mileage rate structure based on the maximum authorised mass (MAM) of the vehicle being recovered. This would mirror the structure of the existing recovery charge matrix and better align mileage charges with the relative costs associated with different vehicle categories.

The proposed mileage rates have been developed using benchmark hourly rates published by the Association of Vehicle Recovery Operators (AVRO). These benchmark rates are widely used across the vehicle recovery sector as a reference point for commercial recovery activity and provide an industry-recognised basis for assessing relative cost differences between vehicle categories. While not determinative, they have been used as a reference point in developing the proposed rates.

As AVRO does not publish separate mileage rates for vehicle categories above 2.5 tonnes MAM, comparable mileage rates have been derived by converting benchmark hourly rates into an equivalent distance-based rate using an assumed average operational speed of 40 miles per hour. For example, an hourly rate of £88 equates to a mileage rate of £2.20 per mile (£88 ÷ 40 miles). The 40 mph assumption is intended solely as a transparent methodology for deriving comparative mileage rates across vehicle categories and is not intended to represent actual operating speeds in all circumstances.

Under this proposal, mileage would continue to be chargeable only where the total distance travelled in connection with the recovery exceeds 40 miles. The mileage rate would apply only to the distance travelled beyond the initial 40-mile threshold. Consultees are invited to comment on whether the proposed methodology, including the use of a 40 mph conversion factor and the operation of the 40-mile threshold, provides an appropriate basis for determining mileage charges.

For the purposes of applying the mileage charge, distance would be calculated based on the total journey distance undertaken by the recovery operator in connection with the recovery of the vehicle. The existing 40-mile threshold would continue to apply, with mileage charges becoming payable only in respect of distance travelled beyond the initial 40 miles. Where a recovery operation involves multiple journeys in relation to the same vehicle, the total distance travelled as part of that recovery operation would be aggregated for charging purposes. Distances would be calculated to the nearest mile, with any part mile rounded to the nearest whole mile. ≤

Proposed Mileage Rates

Cost Recovery and Risk Management

It is important to note that these costs would remain recoverable from the vehicle owner or insurer under existing provisions in the regulations. They would not fall to the police to bear directly.

However, the consultation acknowledges that increasing recovery charges may raise the risk of vehicle abandonment, particularly for vehicles with low residual or scrap value.

The Scottish Government also recognises the need to balance cost recovery with affordability. The consultation therefore seeks views on whether the proposed changes strike the right balance, particularly for rural and long‑distance recoveries.