Amendment of the Road Traffic Act 1988 (Retention and Disposal of Seized Motor Vehicles) Regulations 2005
4. For regulation 6(1) substitute—
“6.—(1) The charge payable under regulation 5(1) shall be—
(a)the amount payable for the removal of the vehicle as set out in paragraph (2); and
(b)the amount payable for the retention of the vehicle as set out in paragraph (3).
(2) The amount payable for the removal of the vehicle shall depend upon the condition of the vehicle, the type of vehicle and whether it is on road or off road as set out in column 1 of Table 1 and shall be the charge specified in relation to that vehicle in columns 2 to 5 of that Table, the particular charge to be determined by reference to the MAM of the vehicle as described in row 1 of that Table and, for vehicles exceeding 7.5 tonnes MAM and not falling within row 2, whether the vehicle is laden or unladen.
Table 1 – Regulation 6(2)
| 1 | 2 | 3 | 4 | 5 | |
|---|---|---|---|---|---|
| 1 | Vehicle position and condition | Vehicle equal to or less than 3.5 tonnes MAM | Vehicle exceeding 3.5 tonnes MAM but equal to or less than 7.5 tonnes MAM | Vehicle exceeding 7.5 tonnes MAM but equal to or less than 18 MAM | Vehicle exceeding 18 tonnes MAM |
| 2 | Vehicle on road, upright and not substantially damaged or any two wheeled vehicle whatever its condition or position on or off road | £150 | £200 | £350 | £350 |
| 3 | Vehicle, excluding a two wheeled vehicle, on road but either not upright or substantially damaged or both. | £250 | £650 | Unladen–£2000 | Unladen–£3000 |
| Laden–£3000 | Laden–£4500 | ||||
| 4 | Vehicle, excluding a two wheeled vehicle, off road, upright and not substantially damaged | £200 | £400 | Unladen–£1000 | Unladen–£1500 |
| Laden–£1500 | Laden–£2000 | ||||
| 5 | Vehicle, excluding a two wheeled vehicle, off road but either not upright or substantially damaged or both | £300 | £850 | Unladen–£3000 | Unladen–£4500 |
| Laden–£4500 | Laden–£6000 |
(3) The amount payable for the retention of the vehicle, for each period of 24 hours or a part thereof during which the vehicle is in the custody of the authorised person, with regards to vehicles set out in row 1 of Table 2, shall be the charge specified in relation to those vehicles in row 2 of that Table.
Table 2 – Regulation 6(3)
| 1 | 1 | 2 | 3 | 4 | 5 |
|---|---|---|---|---|---|
| 1 | Two wheeled vehicle | Vehicle, not including a two wheeled vehicle, equal to or less than 3.5 tonnes MAM | Vehicle exceeding 3.5 tonnes MAM but equal to or less than 7.5 tonnes MAM | Vehicle exceeding 7.5 tonnes MAM but equal to or less than 18 tonnes MAM | Vehicle exceeding 18 tonnes MAM |
| 2 | £10 | £20 | £25 | £30 | £35 |
(4) For the purposes of this regulation, the MAM of a vehicle includes the MAM of any trailer attached to that vehicle.
(5) For the purposes of paragraph (2), a vehicle will only be considered upright if all parts of the vehicle are upright.
(6) For the purposes of paragraph (3), each period of 24 hours shall be reckoned from noon on the first day after removal during which the place at which the vehicle is stored is open for the claiming of vehicles before noon.”.