Abandoned, Uninsured and Untaxed Vehicles
Abandoned vehicles are a problem throughout the whole of the UK. As well as detracting from the visual amenity of an area and often causing direct inconvenience to residents, they are also targets for arson and vandalism.
Under the Refuse Disposal (Amenity) Act 1978 (which has since been amended by numerous Acts and Regulations), local authorities have a duty to remove a vehicle that has been abandoned on any open land or on any road to which the public have access and can charge for its removal, storage (if appropriate) and disposal.
The Clean Neighbourhoods and Environment Act 2005 has removed the need to place a notice on the vehicle, so an abandoned vehicle can now be taken straight to scrap in most cases.
The owner and/or the individual abandoning it may also be prosecuted for the offence of unlawfully abandoning a vehicle or have the option of paying a fixed penalty notice.
- Vehicle law
- How do I avoid having my vehicle removed and disposed of?
- What is an Abandoned Vehicle?
- What does the council do?
- Fixed penalty notices
- How do I report a vehicle that appears to be abandoned?
- Uninsured vehicles
- Untaxed vehicles
- How do I report an untaxed vehicle to the DVLA?
- Local amnesty
- How can I dispose of a vehicle myself?
Many changes to vehicle law have taken place over the past few years and further changes are planned in order to ensure that vehicles are properly kept, maintained and safe:
- The police now have the power to seize and destroy an uninsured vehicle
- The DVLA (Driver and Vehicle Licensing Agency) requires continuous vehicle licensing and registration
- MOT testing stations are gradually coming on-line
- "End of Life" vehicle legislation takes effect in 2007
- The number and use of automatic number plate recognition (ANPR) cameras is increasing.
All of these are helping to reduce the number of abandoned vehicles which the Council has a duty to remove.
How do I avoid having my vehicle removed and disposed of?
Vehicles that are legally kept having regard to tax or SORN (Statutory Off Road Notification), that have an up-to-date registered keeper address and that are properly parked, are unlikley to be disposed of without the owner being aware until it is too late to recover it. Vehicles must be taxed, insured and, if more than three years old, have an MOT certificate.
If a vehicle is not kept within the law then the owner runs the risk of it being removed and disposed of by one of the enforcement agencies and is also very likely to incur charges and heavy fines.
Owners sometimes complain that their vehicle was not abandoned but has still been taken and removed by the Council. However, in all such cases, it can be guaranteed that the vehicle has not been legally kept in one or more aspects of vehicle ownership.
There is no legal definition of an abandoned vehicle, in other words the circumstances indicate that the owner has no further interest in it. Although it does not have to satisfy any or all of the following examples, these and similar considerations are used by council officers in deciding whether or not a vehicle has been abandoned:
- Out of tax or no SORN
- No immediately local keeper
- Remained stationary for a period of time
- Flat tyre(s)
- Has been vandalised
- Badly parked
- Left on land other than that belonging to the owner
- Insecure
- Contains waste
- Burnt out
A vehicle does not have to meet any or all the above criteria for it to be considered as being abandoned. It is at the discretion of the investigating council officer who will have regard to all the individual circumstances in reaching a decision. For instance, although it would be unusual, a vehicle could be in tax and still considered as abandoned. Conversely, a vehicle that has no tax is not necessarily abandoned.
On receiving the description and location of an allegedly abandoned vehicle the details are reported to the DVLA and the police to establish such information as the registered keeper, expiry date of road tax licence/SORN and if the vehicle has been reported stolen or involved in a crime. If considered potentially abandoned, the vehicle is then inspected and, although not always achieved, the aim is to remove vehicles that are considered to be abandoned together with their contents as soon as possible and no more than two working days after being reported. The vehicle is either then scrapped or stored, but it may be sold to a new owner depending on its appearance and/or likely value. Unless a vehicle is to be sent for auction, once a vehicle is released to the Council’s contractor for disposal, it may be disposed of it as he thinks fit. Therefore, a vehicle taken for immediate disposal may be broken for spares or may, in a few cases, be sold to a new owner.
As an abandoned vehicle is likely to be in poor mechanical condition and the cost of replacing an alarm and door locks is prohibitive, experience shows that the value of an abandoned vehicle is far less than the book price. Therefore, those vehicles that are a wreck, burnt out, or of little value (usually under £1,000) are considered “fit for destruction” and immediately disposed of.
Vehicles that are abandoned and not immediately fit for destruction, such as those of some value (usually over £1,000), are normally removed to a compound for seven days' notice before disposal. The Council sends the last known registered keeper a notice which details the cost for removal, the daily storage charge and the procedure for claiming the vehicle. If the vehicle is claimed within the notice period and all costs are paid then it is returned together with its contents. If the vehicle is not claimed within the seven days, it is disposed of together with its contents. Only vehicles worth more than around £3,000 are sent to auction - the DVLA uses an auction figure of £5,000 when dealing with an untaxed car that has been removed by them from the highway.
Notes:
- Allowing a keeper to claim a vehicle and pay the costs is indicative that the legislation allows for a vehicle to be considered as abandoned even though the keeper wishes to reclaim it.
- The last known registered keeper is required to repay the costs of recovering and disposing of the vehicle. In addition, since September 2006, although the Council is now providing owners with the option of paying a fixed penalty fine instead, the keeper is also likely to be prosecuted for abandoning the vehicle.
- For safety reasons officers do not remove items from vehicles; needlestick and other injuries are not unknown. Therefore, if the vehicle is disposed of immediately or if a vehicle is not claimed within the notice period, any items it contains at the time of being removed are released to the contractor to dispose of along with the vehicle as he thinks fit, and are not recoverable.
- The above vehicle values indicating the action that will be taken in regard to immediate disposal, storage and auction are guidance figures only, for use by council officers, and may also change.
Bracknell Forest Borough Council issues fixed penalty notices for the offence of abandoning a vehicle, offering a fine of £200 as an alternative to prosecution if paid within 14 days.
How do I report a vehicle that appears to be abandoned?
- If the vehicle is merely causing an obstruction, report it to Thames Valley Police (0845-8505505). If they are unable to act, the police may still report the vehicle to the Council, so you are also advised to notify the Council direct on 01344-352000.
- If the vehicle is suspected of being abandoned, it should be reported to the Council using our Report an Abandoned Vehicle Form or by contacting Customer Services on 01344-352000.
The latest estimate is that 2 million vehicles, about 6 per cent of the UK vehicle fleet, are being driven by uninsured drivers. Whilst there is thought to be no significant change in the number of uninsured vehicles in recent years, the number and amount of uninsured vehicle claims is rising. It is estimated to cost each lawful owner £30 a year on their insurance premium.
Legislation is going through Parliament that will enable the Government to require all vehicles to be continually insured whether in use or otherwise. The police have already been given powers in advance of this to seize and destroy a vehicle that is in use but uninsured.
Bracknell Forest Borough Council is unable to treat all vehicles present in the same place for long periods as being abandoned. If the vehicle is untaxed but is being used or has been claimed by someone who can demonstrate that they are the owner, the DVLA is the relevant enforcement body as the vehicle is untaxed but not abandoned.
How do I report an untaxed vehicle to the DVLA?
The DVLA estimate there are 1.5 million untaxed vehicles in use. They are now aiming to remove 100,000 untaxed vehicles from the road each year with their new contractor NCP, and either bring them into the registration system or destroy them.
If you wish to report a vehicle that appears to be untaxed but is on the highway, either:
Download a DVLA Witness Statement form and return it to your nearest DVLA Local Office (view a list of locations)
or
You may send the details by email to unlic.dvla@gtnet.gov.uk.
or
You can report it online
or
Call the national untaxed vehicles telephone hotline - the freephone number is 0800 0325 202.
If you choose to send the details in writing to your nearest DVLA Local Office (which can be done anonymously), the details must include the:
- Registration mark
- Location of the vehicle
- Make or model, and colour
Wherever possible, please provide the:
- Time it can usually be seen on a public road;
- Name and address of the owner;
- Time and date untaxed vehicle was witnessed on the public highway.
The information provided can then be used for further investigations by an inquiry officer who can make a formal sighting of the vehicle and complete a witness statement.
Although the majority of persons who advertise that they will come and dispose of your vehicle for nothing are legitimate traders, if you prefer, Bracknell Forest Borough Council provides an opportunity for local motorists to have their vehicle removed and disposed of for the rate of £30.85 (£26.26 plus VAT).
So, if you have a vehicle that is no longer required and wish to dispose of it, contact the Team Administrator of the Environmental Protection Team on 01344-352538 to arrange for removal. Although it is not essential for you to be in posession of the registration document, it will be necessary for you to:
- Complete a Disclaimer Form - Amnesty for Vehicles
- Provide a form of identity
- Vehicle registration details
- Surrender the vehicle keys
How Can I Dispose of a Vehicle Myself?
If you wish to dispose of a vehicle yourself, you must take it to an authorised treatment facility. Here it will have pollutants such as fuel and engine oil removed, before being sent for destruction. A list of these facilities can be obtained from the Environment Agency at:
Rio House
Waterside Drive
Aztec West
Almondsbury
Bristol
BS32 4UD
or on their website
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