Consultation on charges for the removal, storage and disposal of vehicles

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Closes 6 Aug 2018

Questions

We have prepared a set of specific questions relating to the proposed new fee regulations. It would be useful for the purposes of the consultation if you could include in your response answers to these specific questions. We would also welcome any general or specific comments you have which are not included in these questions. Please read all the questions before deciding on a response to any individual question.

1. Do you consider there should, as at present, be one flat rate charge for all removals ordered by the police or that there should be a number of different charges for different vehicle categories/incident scenarios?

2. If you believe there should be one flat rate charge, on what do you think that should be based and what do you think it should be?

3. Vehicles removed on police instructions must be released to their owner on payment of any prescribed charge. If no charge is prescribed, they must be released on demand free of charge. Do you think there are any types of police ordered removal for which no charge should be prescribed?

4. Under the Scottish Government’s proposals, as set out in ANNEX E, the regulations would prescribe different charges for different vehicle categories and incident scenarios. Do you agree with the current categories and scenarios?

Annex E – Specified amount for the removal, storage and disposal of a motor vehicle (Matrix system)

Column 1

Column 2

Column 3

Column 4

Column 5

Vehicle type, position and condition

Vehicle equal to or less than 3.5 tonnes MAM

Vehicle exceeding 3.5 tonnes MAM and equal to or less than 7.5 tonnes MAM

Vehicle exceeding 7.5 tonnes MAM and equal to or less than 18 tonnes MAM

Vehicle exceeding 18 tonnes MAM

Any two-wheeled vehicle whatever its condition or position on or off road

£190

-

-

-

Any other vehicle on road, which is upright and is not significantly damaged

£190

£250

£440

£440

Any other unladen vehicle on road which is not upright or is significantly damaged

£315

£820

£2525

£3790

Any other laden vehicle on road which is not upright or is significantly damaged

£315

£820

£3790

£5680

Any other unladen vehicle off road, which is upright and is not significantly damaged

£250

£505

£1260

£1890

Any other laden vehicle off road, which is upright and is not significantly damaged

£250

£505

£1890

£2525

Any other unladen vehicle off road which is not upright or is significantly damaged

£380

£1075

£3790

£5680

Any other laden vehicle off road which is not upright or is significantly damaged

£380

£1075

£5680

£7570

 

Retention of a motor vehicle

Column 1

Column 2

Type and weight of vehicle

Sum payable

Any two wheeled vehicle

£13

Any other vehicle equal to or less than 3.5 tonnes MAM

£25

Any other vehicle exceeding 3.5 tonnes MAM and equal to or less than 7.5 tonnes MAM

£32

Any other vehicle exceeding 7.5 tonnes MAM and equal to or less than 18 tonnes MAM

£38

Any other vehicle exceeding 18 tonnes MAM

£44

 

Disposal of a motor vehicle

Column 1

Column 2

Type and weight of vehicle

Sum payable

Any two wheeled vehicle

£63

Any other vehicle equal to or less than 3.5 tonnes MAM

£95

Any other vehicle exceeding 3.5 tonnes MAM and equal to or less than 7.5 tonnes MAM

£126

Any other vehicle exceeding 7.5 tonnes MAM and equal to or less than 18 tonnes MAM

£158

Any other vehicle exceeding 18 tonnes MAM

£189

 

EXPLANATORY NOTES

Matrix prices revised form proposed 2011 regulations to take account of inflationary increases since these figures were originally calculated in 2008.

Significant damage is deemed to mean the vehicle being recovered cannot free wheel, or there is some problem with the gearing system, braking system or some other impediment to complicate the recovery of the vehicle. Significant damage does not include any other damage to the vehicle that does not impede the vehicle being recovered in the same way as a vehicle with no damage.

5. The Scottish Government’s proposals, as set out in ANNEX E, include allowing for more to be changed for a recovery of a vehicle that is not upright or is “significantly damaged”. Do you agree with this approach, and with the Scottish Government’s definition of “significant damage”?

Annex E – Specified amount for the removal, storage and disposal of a motor vehicle (Matrix system)

Column 1

Column 2

Column 3

Column 4

Column 5

Vehicle type, position and condition

Vehicle equal to or less than 3.5 tonnes MAM

Vehicle exceeding 3.5 tonnes MAM and equal to or less than 7.5 tonnes MAM

Vehicle exceeding 7.5 tonnes MAM and equal to or less than 18 tonnes MAM

Vehicle exceeding 18 tonnes MAM

Any two-wheeled vehicle whatever its condition or position on or off road

£190

-

-

-

Any other vehicle on road, which is upright and is not significantly damaged

£190

£250

£440

£440

Any other unladen vehicle on road which is not upright or is significantly damaged

£315

£820

£2525

£3790

Any other laden vehicle on road which is not upright or is significantly damaged

£315

£820

£3790

£5680

Any other unladen vehicle off road, which is upright and is not significantly damaged

£250

£505

£1260

£1890

Any other laden vehicle off road, which is upright and is not significantly damaged

£250

£505

£1890

£2525

Any other unladen vehicle off road which is not upright or is significantly damaged

£380

£1075

£3790

£5680

Any other laden vehicle off road which is not upright or is significantly damaged

£380

£1075

£5680

£7570

 

Retention of a motor vehicle

Column 1

Column 2

Type and weight of vehicle

Sum payable

Any two wheeled vehicle

£13

Any other vehicle equal to or less than 3.5 tonnes MAM

£25

Any other vehicle exceeding 3.5 tonnes MAM and equal to or less than 7.5 tonnes MAM

£32

Any other vehicle exceeding 7.5 tonnes MAM and equal to or less than 18 tonnes MAM

£38

Any other vehicle exceeding 18 tonnes MAM

£44

 

Disposal of a motor vehicle

Column 1

Column 2

Type and weight of vehicle

Sum payable

Any two wheeled vehicle

£63

Any other vehicle equal to or less than 3.5 tonnes MAM

£95

Any other vehicle exceeding 3.5 tonnes MAM and equal to or less than 7.5 tonnes MAM

£126

Any other vehicle exceeding 7.5 tonnes MAM and equal to or less than 18 tonnes MAM

£158

Any other vehicle exceeding 18 tonnes MAM

£189

 

EXPLANATORY NOTES

Matrix prices revised form proposed 2011 regulations to take account of inflationary increases since these figures were originally calculated in 2008.

Significant damage is deemed to mean the vehicle being recovered cannot free wheel, or there is some problem with the gearing system, braking system or some other impediment to complicate the recovery of the vehicle. Significant damage does not include any other damage to the vehicle that does not impede the vehicle being recovered in the same way as a vehicle with no damage.

 

6. If you do not agree with the charges suggested by the Scottish Government, what charges would you suggest and on what would you base these?

7. If you do not think it practical to identify satisfactorily all the broad scenarios that might be encountered, would you prefer that no charge were prescribed or that there should be a charge “for all other cases”?

8. Do you think the prescribed charges should take into account the fees recovery operators pay to belong to management schemes, or charges that are not paid, or any special requirements made of operators by the police?

9. Do you think there any unintended consequences of the Scottish Government’s proposals or other factors not currently taken into account?

10. Should any prescribed charges be increased annually based on inflation (bearing in mind that this will require a Scottish statutory instrument to be prepared each year), or should the regulation be reviewed at specified times such as every 3 or 5 years?

11. Are there any factors the Scottish Government should take into account to reflect on the experiences of the matrix system that has been operating in England and Wales since 2008?