Motor Vehicle Salvage Operators and Scrap Metal Dealers

Anyone who runs a business dealing with Motor Salvage, or scrap metal needs to be registered with the Council, under two pieces of legislation which were drawn up to reduce the ease with which people could dispose of stolen cars and metal. If you run one of these businesses you will also need to contact other agencies such as the Environment Agency and you must enquire about waste management and transfer licenses with Devon County Council to comply with environmental protection legislation.

Motor Salvage Operators Regulations 2002

Eligibility Criteria
Any person who has a business where they

partly recover salvageable parts from a motor vehicle for sale or re-use and then disposes of the remainder as scrap; OR
wholly or mainly buy written-off vehicles for repair and resale; OR
wholly or mainly buy vehicles to pass on to someone else to salvage parts or repair,

is considered a Motor Salvage Operator according to the Vehicles (Crime) Act 2001.

The Motor Salvage Operator Regulations were drawn up under this Act, and require the proprietor of the business to keep detailed records of who buys and sells cars, and of the cars sold. The regulations also allow the Police powers of entry and search of salvage premises.

A Motor Salvage Operator must register with the Council. There may be a fine of up to £5000 on conviction of anyone who has failed to register. Registration is for three years, and there is a fee for registration. The Council will keep a public register of salvage operators in the district.

Application Evaluation Process
Applicants must provide the following information:

Full details of applicants including dates of birth and national insurance numbers
Details of all business premises used for salvage operations (including offices) in the Council area:
Previous history of applications to register as a salvage operator
Any previous convictions of any applicant

The Council must establish if the applicant is a “fit and proper person”, so part of the application process includes a Police Records check.

You must tell the Council of any changes affecting the information given in your application within 28 days of the change occurring.

If you cease to operate you must tell the Council within 28 days.

Although the regulations specify who must be registered, and what records must be kept, it will be the Police who will inspect the records, and who will tell the Council when they come across a premises who has not registered.

Offences and Penalties
Failure to comply with the Regulations is an offence, and is liable on conviction in a Magistrates Court to a fine of up to £1000.

If the Council is satisfied that the person registered is no longer a “fit and proper person”, or that they no longer carry on a business as motor salvage operator and have not for more that 28 days, they may cancel the registration. A proprietor will be able to appeal to a Magistrate and make representation against cancellation.

Will Tacit Consent Apply?
Yes. This means that you will be able to act as though your application is granted if you have not heard from us within twenty eight working days.

Scrap Metal Dealers Act.1964

Eligibility Criteria
Anyone who runs a business dealing in scrap metal must be registered by the Council under the Scrap Metal Dealers Act. This says you are running a scrap metal business if:

you have a scrap metal store on the Council district, or
you don’t have a store, but you run a scrap metal business and live in the Council district, or
your businesses premises (for example the office) is in the Council district.

Application Evaluation Process
Applicants must provide the following:

their full name
the address of the dealer, or in the case of a company, their registered or principal office
the address of each place occupied as a scrap metal store, if any
if the business is carried on without a scrap metal store
if the business is carried on without a scrap metal store but the applicant occupies a place for the purposes of business, and the address of such a place

The registered dealer must tell us of any changes to these details or if they cease to be a scrap metal dealer.

Registration does not cost anything, and lasts for 3 years. It must be renewed on or before the expiry date if the registered person wants to carry on as a scrap metal dealer.

The regulations require the proprietor to keep detailed records of the scrap metal they buy and sell, and the people they do business with. Any Police Constable has a right at any reasonable time to inspect registered premises, records kept on those premises and scrap metal kept on the premises. The Council has powers of entry to determine if premises are being used as a scrap metal store.

Offences and Penalties
Any person found guilty of failing to register a scrap metal business, or to notify the Council of alterations, or not keeping the proper records shall be liable on conviction to a fine not exceeding £1,000. If found guilty of acquiring scrap metal from a person under 16, or obstructing an officer or failing to produce records when required they shall on conviction be liable to a fine not exceeding £200, or the Court may make an order imposing restrictions on the dealer for a period not exceeding two years.

Will Tacit Consent Apply?
Yes. This means that you will be able to act as though your application is granted if you have not heard from us within ten working days.

Consumer Complaints
We would always advise that you contact the business first - preferably in writing (with proof of delivery). If that has not worked, if you live in the UK, Consumer Direct will give you advice. From outside the UK contact the UK European Consumer Centre.

Trade Associations
British Metals Recycling Association (BMRA)
International Aluminium Institute
International Lead Association
Metal Bulletin

Page last updated on 25 May 2012