Removal, storage and disposal of vehicles regulations: consultation

5. Summary of current statutory charges

5.1 In Scotland, there are three separate regulations which contain statutory charges for the removal and disposal of vehicles. It is important to note that these are the sums that must be levied, rather than maximum permissible charges.

5.2 The first set of regulations relate to the powers of removal contained within the Road Traffic Regulations Act 1984. The Removal, Storage and Disposal of Vehicles (Prescribed Sums and Charges etc) Amendment (Scotland) Regulations 2005 sets the statutory charges as:

• Recovery: £150.00
• Storage: £20.00 per day
• Disposal: £150.00

5.3 The Police (Retention and Disposal of Motor Vehicles) (Scotland) Regulations 2005 for the removal of vehicles being used in an antisocial manner have the statutory charges set at:

• Recovery: £105.00
• Storage: £12.00 per day

5.4 The Road Traffic Act 1988 (Retention and Disposal of Seized Motor Vehicles) Regulations 2005 are made under section 165B of the Road Traffic Act 1988. Section 165A and 165B ^[4] relate to the seizure and retention of vehicles being driven with no driving licence or no insurance. These matters are reserved to the UK government under the devolution settlement. The statutory charges set out in those Regulations are commonly referred to as matrix billing and apply equally throughout the UK. The same charging matrix is used in the Removal, Storage and Disposal of Vehicles (Prescribed Sums and Charges) Regulations 2008 as amended by the Removal, Storage and Disposal of Vehicles (Prescribed Sums and Charges) (Amendment) (England) Regulations 2008 ^[5] . These do not apply in Scotland.