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Abandoned
Vehicles
• Introduction
• What is a nuisance Vehicle?
• What is an abandoned vehicle
• How to identify an abandoned vehicle?
• Why do people abandon vehicles?
• Abandoned vehicles and the law
• Notice periods effective in England
• Notice periods effective in Wales
• What can you do to improve the problem
• Who should you report an abandoned vehicle
to?
• Who should you report an untaxed vehicle
to? New car tax rules
• If I want to have an unwanted vehicle disposed
of, will the local authority remove it for me?
With the rising costs of motoring, even getting rid of a lemon can
cost you. The tightening of MOT rules and even the cost of towing
an old jalopy away can leave you out of pocket. Its not really suprising
then that the amount of cars being abandoned is on the rise. Why
bother paying to have it towed away and disposed of properly when
you can just drive it to a secluded spot and leave it there? Well
because if you do you could receive a hefty fine and even imprisonment!
Abandoned
vehicles and the law
Local authorities are under a duty under Section 3 of the
Refuse Disposal (Amenity) Act 1978, to remove a vehicle which
is abandoned in their area, on any land in the open air, or
on any other land forming part of a highway. However, this
does not cover vehicles abandoned on private land. Under this
Act, abandoning a vehicle is a criminal offence, carrying
a maximum penalty of a fine of £2,500 or three months’ imprisonment,
or both. |
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Notice periods
effective in England:
• Vehicles that the local authority considers to have some value
can be removed immediately, although the written notice period to
the last registered keeper before a vehicle can be destroyed is
seven days;
• For vehicles that the local authority considers to have no value
– the statutory notice period is 24 hours;
• If a vehicle is abandoned on private land, the owner/occupier
of the land may be served with a 15-day notice by the local authority.
The notice informs them of the intention to remove the vehicle,
and they have 15 days to object.
Local authorities also have the power to recover costs of removal,
storage and disposal from the person responsible for abandoning
the vehicle. The police have powers under the Removal and Disposal
of Vehicle Regulations 1986 to remove any vehicle that is in breach
of local traffic regulations, causing an obstruction, likely to
cause a danger, broken down or abandoned without lawful authority.
The police can remove a vehicle to which a notice has been affixed
by the local authority that has deteriorated to a dangerous wreck
immediately.
Notice periods effective in Wales
• For vehicles that are abandoned on public land, the written notice
period is seven days if the vehicle is considered to have no value,
although vehicles that are considered to have some value can be
removed immediately;
• For vehicles that the local authority considers to have some value,
the storage period before disposal can take place (providing the
vehicle is untaxed) is 21 days from the day when the notice is served
on the owner of the vehicle, or a further 14 days in the case of
any subsequent notices.
• For vehicles that are abandoned on private land, the notice period
during which the occupier of the land may object to the removal
of a vehicle which has been abandoned is 15 days;
The notice periods in Wales will be reduced to bring them into line
with those in England, as soon as the necessary powers to vary Police
Notice periods are devolved to the National Assembly for Wales.
Introduction
Each year in the United Kingdom, approximately 2 million vehicles
reach the end of their life, either through age or becoming unusable
after involvement in an accident. The majority of vehicles that
have reached the end of their life or are no longer of use to the
registered owner are disposed of legally.
However, the latest Waste Management Survey carried out by the Department
for Environment, Food and Rural Affairs (Defra) estimates that around
299,000 vehicles were abandoned in England in 2002/2003.
Abandoned vehicles are expensive to remove, have a negative impact
on the environment, look unsightly and can lower the quality of
life in neighbourhoods. They can be the result of, or lead to crime,
they take up valuable parking spaces and can quickly become dangerous
when vandalised or filled with hazardous waste (they are often used
as skips). There is a risk of explosion or injury, they can leak
dangerous fluids, which can catch fire or run into the water stream
and they are often burnt out, which can endanger lives, property
and the environment.
Ultimately abandoned vehicle removal and disposal is the responsibility
of local authorities and so not surprisingly the problem costs an
enormous amount of money - money that could be spent on more important
services in your neighbourhood. However, funds have been invested
into computer links between the Driver and Vehicle Licensing Agency
(DVLA) and local authorities, to make it easier to trace the owners.
By removing abandoned vehicles, our streets will look less neglected
and are less likely to attract other anti-social behaviour.
What is a nuisance vehicle?
Abandoned vehicles often get confused with nuisance vehicles. An
abandoned vehicle is always a nuisance, but a nuisance vehicle is
not always abandoned. A nuisance vehicle could be any of the following:
• Poorly parked;
• Causing an obstruction;
• Involved in residential parking disputes;
• Broken down;
• Untaxed.
What is an abandoned vehicle?
Due to the complexity and variety of problems relating to abandoned
vehicles there is no sole definition currently used. The Refuse
Disposal (Amenity) Act 1978 states that a vehicle is abandoned only
"where it appears to a local authority that a motor vehicle in their
area is abandoned without lawful authority…" As a result, a vehicle
is deemed abandoned only when the authorised officer at the local
authority decides that it is abandoned.
The term 'vehicle' in this context means any motor vehicle or trailer,
or anything which forms part of a motor vehicle or trailer, including
any item contained within it.
Operation Scrap-it, run by the Association of London Government
suggests that "the first sign of an abandoned vehicle will normally
be that it is untaxed. As well as this, it should have been standing
in the same place for a long time or be damaged in some way, for
example it has flat tyres, broken windows or crash damage."
Do you know how to identify an abandoned vehicle?
Before you report an abandoned vehicle please collect as much information
as possible. Local authorities often experience over-reporting of
vehicles - many are not actually abandoned and therefore the authorities
do not have the power to remove them. However, once reported, they
must investigate. This takes up a lot of time and often distracts
local authorities from removing those vehicles that actually are
abandoned. Before you contact them, check to see if you think the
vehicle really is abandoned. The following points should help you
make a judgement:
• Is the vehicle untaxed i.e. no tax disc present at all or
past the expiry date? (This should not be the sole consideration,
but should be taken into account with the other points below.)
• Are any of the tyres flat or have any of the wheels been
removed?
• Is there litter or detritus (weeds/leaves) under the vehicle,
indicating that it has not moved for some time?
• Is the windscreen or any of the windows broken?
• Is there any mould on either the inside or outside of the
vehicle?
• Does the vehicle contain items of waste e.g. tyres, old newspapers,
general rubbish?
• Does the vehicle have number plates?
• Has the vehicle been 'hot-wired' i.e. driven without keys
by connecting ignition wires together? (If it has, there will be
wires hanging from the dashboard.)
• Has the vehicle been vandalised? Exterior vandalism might
include dents in bodywork, graffiti, bumpers/spoilers being removed;
interior vandalism might include radio being stolen, seat covers
being slashed.
• Has a vehicle that you and your neighbours have never seen
before suddenly appeared in your road and no-one is claiming ownership?
An abandoned vehicle is a vehicle which appears to have been given
up or forsaken.
Do not move, enter or even touch an abandoned vehicle. They are
a health and safety risk, can be classed as, or contain, hazardous
waste and can often pose a fire risk. On some occasions, abandoned
vehicles have been used for crime related activities such as drug
dealing, prostitution and burglary, in which case the police may
wish to seize the vehicle for investigative purposes.
NEVER approach a burning or burnt out vehicle. Even after they are
burnt out, they are still dangerous and are a hazard to the public.
Burnt paint, rubber and other materials may be toxic or corrosive
and very harmful. Please contact your local authority, which will
deal with the problem. However, if the vehicle is still burning,
call the fire service immediately.
Why do people abandon vehicles?
Unfortunately, there is no one definitive reason why people abandon
vehicles. In fact, there are a wide variety of reasons why vehicles
are abandoned. Some of the more usual reasons include the following:
• Changes in the value of scrap metal. Rather than receiving
payment for their unwanted vehicles, under some circumstances, last
registered owners may be asked to pay for the vehicle's collection
and/or disposal;
• The value of used cars is decreasing;
• The removal of leaded petrol from sale;
• Some drivers are not the registered owner and keeper of the
vehicle, they have no road tax, no insurance, no MOT and as a result,
have no legal connection with the vehicle, therefore once the vehicle
becomes unwanted, abandonment is the only option;
• The high cost of motoring, including charges incurred from
speeding fines, parking fines, congestion charges, etc. Often the
value of the charges is greater than the value of the vehicle itself,
therefore abandonment is the cheaper option;
• The high cost of maintaining and repairing the vehicle when
it is old;
• Vehicles involved in criminal activities are often abandoned
once the crime has been committed;
• The increase in MOT failure rate, as some older vehicles
cannot meet the standard required on exhaust emissions;
• Personal circumstances of the owner e.g. death of the owner,
owner suffering ill health, owner in prison, owner moved away from
the area.
Abandoned vehicles and the law
Local authorities are under a duty under Section 3 of the Refuse
Disposal (Amenity) Act 1978, to remove a vehicle which is abandoned
in their area, on any land in the open air, or on any other land
forming part of a highway. However, this does not cover vehicles
abandoned on private land. Under this Act, abandoning a vehicle
is a criminal offence, carrying a maximum penalty of a fine of £2,500
or three months' imprisonment, or both.
Notice periods effective in England
• Vehicles that the local authority considers to have some
value can be removed immediately, although the written notice period
to the last registered keeper before a vehicle can be destroyed
is seven days;
• For vehicles that the local authority considers to have no
value - the statutory notice period is 24 hours;
• If a vehicle is abandoned on private land, the owner/occupier
of the land may be served with a 15-day notice by the local authority.
The notice informs them of the intention to remove the vehicle,
and they have 15 days to object. Local authorities also have the
power to recover costs of removal, storage and disposal from the
person responsible for abandoning the vehicle.
The police have powers under the Removal and Disposal of Vehicle
Regulations 1986 to remove any vehicle that is in breach of local
traffic regulations, causing an obstruction, likely to cause a danger,
broken down or abandoned without lawful authority. The police can
remove a vehicle to which a notice has been affixed by the local
authority that has deteriorated to a dangerous wreck immediately.
Notice periods effective in Wales
• For vehicles that are abandoned on public land, the written
notice period is seven days if the vehicle is considered to have
no value, although vehicles that are considered to have some value
can be removed immediately;
• For vehicles that the local authority considers to have some
value, the storage period before disposal can take place (providing
the vehicle is untaxed) is 21 days from the day when the notice
is served on the owner of the vehicle, or a further 14 days in the
case of any subsequent notices.
• For vehicles that are abandoned on private land, the notice
period during which the occupier of the land may object to the removal
of a vehicle which has been abandoned is 15 days;
The notice periods in Wales will be reduced to bring them into line
with those in England, as soon as the necessary powers to vary Police
Notice periods are devolved to the National Assembly for Wales.
What can you do to improve the problem?
As a resident or a vehicle owner, you have a role to play. Abandoning
a vehicle is illegal and dangerous and it can ruin the appearance
of your neighbourhood. As a resident, you can help by reporting
vehicles which you believe to be abandoned, to your local authority.
The following points will help you:
What information is needed to report an abandoned vehicle?
If you suspect that a vehicle has been abandoned, you should collect
the following information about the vehicle before you report it:
• Vehicle make, model and colour; o Vehicle registration number
(if known - it may be visible on the tax disc if the number plates
have been removed);
• Condition of the vehicle (detailing any vandalism, damage
to the vehicle that has already occurred);
• Presence (or not) of the tax disc and whether it has expired;
• Location of the vehicle (be as specific as possible and also
note if the vehicle has been left in a location that may cause obstruction
or danger to others, such as on or near a pedestrian crossing, close
to a road junction, in a designated garage area);
• How long the vehicle has been abandoned (if known);
• Any other information you feel is appropriate (e.g. who was
the last person to be seen in the vehicle, any indication of who
the vehicle may belong to, if people are congregating around the
vehicle during the evening hours).
Who should you report an abandoned vehicle to?
If you believe that a vehicle has been abandoned, you should contact
your local authority (you can find the telephone number in the phone
book). Some local authorities have websites which contain advice
for local residents on reporting an abandoned vehicle, some even
provide an online reporting system. To find the website of your
local authority, log on to www.ukonline.gov.uk and click on 'A-Z
local authorities'.
Once a vehicle is reported, there is a process that local authorities
must follow before they can remove it. Ask what will happen next
and when you can expect the vehicle to be removed. Only if the vehicle
has not been removed within that time or there is a change to the
status of the vehicle such as vandalism, arson, etc, should you
contact them again.
Who should you report an untaxed vehicle to?
A vehicle parked on the street must be taxed and insured and if
it is aged three years or older it must have a valid MOT certificate.
If you wish to report a vehicle that does not appear abandoned,
but does appear to be untaxed then please contact your nearest DVLA
local office in writing (you can find the address in the phone book).
This can be done anonymously.
Details you will need to collect include:
• Make, model and colour of the vehicle;
• Registration number;
• Location of the vehicle;
• Name and address of owner (if known).
New car tax rules
If you own a vehicle, you need to be aware of the new car tax rules
and you need to know what to do in the event that your vehicle reaches
the end of its life. The following points provide a brief outline
of what you need to know.
In January 2004, the DVLA introduced new measures to reduce the
problem of abandoned vehicles: o Registered keepers will be legally
responsible at all times for making sure they have a valid tax disc.
They will be liable for penalties and fines if the vehicle is untaxed,
dumped or caught up in any criminal activity (automatic penalty
of £80 if vehicle not taxed in time - without any need to see the
vehicle - and £1,000 if taken to court);
• Responsibility for that vehicle will remain with the registered
keeper until the DVLA is notified that the vehicle has been scrapped,
sold, stolen or exported, unless a Statutory Off Road Notification
(SORN) has been declared. Once the DVLA has been notified, they
will issue a letter of acknowledgement, which should be kept as
proof that the vehicle record has changed.
If I want to have an unwanted vehicle disposed
of, will the local authority remove it for me?
• Some local authorities operate vehicle amnesty schemes, whereby
they will collect and remove unwanted vehicles free of charge for
their residents. Contact your local authority to see if they are
operating a vehicle amnesty;
• Other local authorities may remove the vehicle for you, but
at a charge;
• Alternatively, you will need to contact a 'vehicle dismantler'
authorised to take scrap vehicles. There may be charges for collection
and disposal. (In the future these will be known as 'Authorised
Treatment Facilities' - Yellow Pages will contain contacts in your
area.) You must make sure that the DVLA is given the correct notification
regarding any change in the status of your vehicle;
• If it is a premature end of life vehicle (for example, as
a result of being in a road traffic accident), your insurance company
will deal with removal and disposal.
Abandoning vehicles is illegal and dangerous and it can ruin the
appearance of your neighbourhood. Don't put up with it - report
it. If you report it, the vehicle can be removed and with your help
the crime can be investigated.
Report the abandoned vehicle to your local authority. Use this form
as a guide:
Report
an abandoned vehicle
The local authority or the police may wish
to prosecute the person(s) abandoning the vehicle.
Help to beat environmental crime by making sure that it
is always reported. |
| Vehicle
make: |
.......................................................... |
| Vehicle
model: |
.......................................................... |
| Vehicle
colour: |
.......................................................... |
|
Vehicle registration number (if
known): |
.......................................................... |
| Condition
of vehicle: |
.......................................................... |
| Is
there a current tax disc displayed?: |
.......................................................... |
| Location
of vehicle(please
be as specific as you can): |
.......................................................... |
| How
long has the vehicle been there?: |
.......................................................... |
| Additional
information Your name, address and telephone number (optional) |
.......................................................... |
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