Consultation outcome

Amendments to secondary legislation on the police removal, storage and disposal of vehicles: government response

Updated 9 June 2026

Introduction and contact details

This document is the government’s response to the consultation paper ‘Amendments to secondary legislation on the Police Removal, Storage and Disposal of Vehicles’.

It will cover:

• the background to the consultation
• a summary of current vehicle disposal arrangements
• a summary of the current statutory charges for disposal
• a summary of the consultation responses
• a response to the questions raised in the consultation
• the next steps following the consultation

The consultation paper can be found at: Amends to legislation on vehicle removal, storage and disposal - GOV.UK

Alternatively, copies of this report and the consultation paper can be obtained by contacting the Police Powers Unit at the address below:

Vehicle Recovery Consultation
Police Powers Unit
Policing Policy Directorate
Public Safety Group
Home Office
6th Floor Fry Building
2 Marsham Street
London
SW1P 4DF

Email: Vehicle_Recovery@homeoffice.gov.uk 

Comments and complaints

If you have any comments or complaints about the consultation process, you should contact the Home Office at the above address.

The background to the consultation

Police Vehicle Recovery Powers

Police vehicle removal, storage and disposal powers

s.59 of The Police Reform Act 2002 provides the police with the power to remove vehicles that are driven carelessly or inconsiderately on road or, without authorisation, off-road and in a manner causing, or likely to cause, alarm, distress or annoyance.

s.165A of The Road Traffic Act 1988 provides the police with the power to remove vehicles if they have reasonable grounds to believe that it is being driven without appropriate licence or insurance.

s.62 of The Criminal Justice and Public Order Act 1994 provides the police with the power to remove vehicles if they are being used in unlawful trespass.

s.99 of The Road Traffic Regulation Act 1984 applies to vehicles that are illegally, dangerously or obstructively parked, broken down or abandoned, including those abandoned after theft in order to maintain the flow of traffic on the highway, ensure public safety or to “clear the Queen’s Highway”. Local authorities also have corresponding powers to the 1984 Act under the Refuse Disposal (Amenity) Act 1978.

Why did we carry out a review of statutory regulations?

Anti-social behaviour involving vehicles is a real concern to communities and is frequently raised with the government, MPs, government officials, Police and Crime Commissioners and Chief Constables. Anti-social behaviour involving vehicles is wide ranging and encompasses off-road bike misuse, illegal motorbike and car racing, noisy and dangerous motorbike use and aggressive or inconsiderate driving. Some vehicles, particularly e-scooters and e-bikes, are used to facilitate drug dealing, organised acquisitive crime and serious violence. This has a visible and clear impact on communities.

The ease with which offenders can reclaim vehicles can mean that there is insufficient deterrent to stop persistent offending. The government wants to put a stop to this by allowing the police to quickly crush or otherwise dispose of seized vehicles to prevent reoffending and deter anti-social behaviour involving vehicles.

We consulted on proposals to reduce the time that the police and recovery operators (on behalf of the police) have to wait before disposing of a seized vehicle. These timeframes are set out in ‘The Police (Retention and Disposal of Motor Vehicles) Regulations 2002’ (as amended), ‘The Road Traffic Act 1988 (Retention and Disposal of Seized Motor Vehicles) Regulations 2005’ and ‘The Police (Retention and Disposal of Vehicles) Regulations 1995’.

We also consulted on amending the language used for vehicle disposal timelines from ‘working days’ to ‘days’ with the intention of achieving consistency, wherever possible, across legislation for vehicle storage and disposal timeframes.

In light of rising removal and disposal costs, we additionally sought views on a 16.2% statutory fee increase to removal, storage and disposal fees to ensure the costs do not fall to police forces and the tax payer. The government undertook a Vehicle Recovery Fee Options Analysis in early 2025 to consider whether it is appropriate to amend the charges. The government’s response to submissions on the proposals for fee changes will follow, upon conclusion of further work on the complex issues raised during consultation which require further assessment.

Prior to the 2025 consultation the Home Office last consulted on removal, storage and disposal fees in April 2021. This resulted in a 28% increase in disposal and recovery fees, brought forward through amendments to legislation in 2023. This uplift reflected inflationary increases between 2008 and 2021.

Summary of current statutory charges

In England and Wales, there are four separate regulations currently in use by the police which contain statutory charges for the removal, storage and disposal of vehicles.  The Road Traffic Act 1988 also extends to Scotland. 

Summary of Disposal Timeframes

In England and Wales, there are three separate regulations currently in use by the police which contain statutory disposal timeframes for the removal, storage and disposal of vehicles.  The Road Traffic Act 1988 is not devolved and covers England, Wales and Scotland.  

Police vehicle removal, storage and disposal powers	Current Disposal Timeframes	Notes
The Police Reform Act 2002 gives the Secretary of State the powers to prescribe regulations in respect of the removal and storage of those vehicles. Under these regulations – the authority may not dispose of a vehicle until:	1. 14 days from the seizure date 2. Seven working days from date of delivery of the seizure notice or 3. Seven working days from the date it was claimed.	Prescribed in The Police (Retention and Disposal of Motor Vehicles) Regulations 2002 And amended by The Police (Retention and Disposal of Motor Vehicles) (Amendment) Regulations 2005
The Road Traffic Act 1988 gives the Secretary of State the powers to prescribe regulations in respect of the removal and storage of those vehicles. Under these regulations – the authority may not dispose of a vehicle until:	1. 14 days from the seizure date 2. Seven working days from date of delivery of the seizure notice or 3. Seven working days from the date it was claimed.	Prescribed in  The Road Traffic Act 1988 (Retention and Disposal of Seized Motor Vehicles) Regulations 2005
The Criminal Justice and Public Order Act 1994 gives the Secretary of State the powers to prescribe regulations in respect of the removal and storage of those vehicles.  Under these regulations – the authority may not dispose of a vehicle until:	1. Three months from the seizure date 2. 21 days from date of delivery of the seizure notice or 3. Seven days from the date it was claimed.	Prescribed in The Police (Retention and Disposal of Vehicles) Regulations 1995
NOTE: There is a further regulation under the Road Traffic Regulation Act 1984 and Refuse Disposal (Amenity) Act 1978, but we have no plans to change the current disposal timeframes in this regulation. The Road Traffic Regulation Act 1984 and Refuse Disposal (Amenity) Act 1978 gives the Secretary of State the powers to prescribe regulations in respect of the removal and storage of those vehicles.	1. 24 hrs in which a seizure notice must be affixed to a vehicle before removing it for destruction. 2. Seven days during which owner may remove vehicle from when the notice was served before disposal. 3. Seven days during which owner may remove vehicle before disposal.	Prescribed in The Removal and Disposal of Vehicles Regulations 1986 And amended by the following- The Removal and Disposal of Vehicles (England) (Amendment) Regulations 2002 And The Removal and Disposal of Vehicles (Amendment) (Wales) Regulations 2005

Summary of the proposed changes

 The consultation invited responses on the following proposals –

To reduce the disposal period for vehicles seized under anti-social behaviour powers in the Police Reform Act 2002 from 14 days to 48 hours under timeframes set out in The Police (Retention and Disposal of Motor Vehicles) Regulations 2002.

To shift from ‘working days’ to ‘days’ in The Police (Retention and Disposal of Motor Vehicles) Regulations 2002 and The Road Traffic Act 1988 (Retention and Disposal of Seized Vehicles) Regulations 2005 regulations for consistency.

To align disposal timeframes under the Police (Retention and Disposal of Vehicles) Regulations 2005, The Police (Retention and Disposal of Vehicles) Regulations 1995 , with disposal timeframes under The Road Traffic Act 1988 (Retention and Disposal of Seized Motor Vehicles) Regulations 2005  to all become seven days from the seizure date, seven days for an individual to notify of their intention to collect, and seven days for them to subsequently collect.

To increase statutory fees for vehicle removal, storage and disposal of seized vehicles by 16.2% across the Police Reform Act 2002 (as set out in the Police (Retention and Disposal of Motor Vehicles) Regulations 2002), Road Traffic Act 1988 (as set out in the Road Traffic Act 1988 (Retention and Disposal of Seized Vehicles) Regulations 2005), Criminal Justice and Public Order Act 1994 (as set out in the Police (Retention and Disposal of Vehicles) Regulations 1995), Road Traffic Regulation Act 1984 and Refuse Disposal (Amenity) Act 1978 (as set out in the Removal, Storage and Disposal of Vehicles (Prescribed Sums and Charges) Regulations 2008) to reflect rising operational costs and prevent market failure among private recovery operators.

Proposed changes to vehicle disposal outlined in the Road Traffic Act 1988 (Retention and Disposal of Seized Motor Vehicles) Regulations 2005 will extend to Scotland as the Road Traffic Act 1988 extends to Scotland.

Summary of Responses

Respondents

The Home Office received 138 responses to the consultation on Removal, Storage and Disposal Vehicle Charges, including 45 by email and 93 from the smart survey. Of these responses, 36 were from the Association of Vehicle Recovery Operators (AVRO).  Other vehicle recovery operators also submitted responses.  There were also responses from: national policing leads for vehicle recovery and roads; Police and Crime Commissioners; individual police forces; members of the public and anonymous responses. The consultation did not extend to Northern Ireland or Scotland.

The government’s response to submissions on the proposals for fee changes will follow, upon conclusion of further work on the complex issues raised during consultation which require further assessment.

Consultation Responses

Q1. To what extent do you agree or disagree that we should reduce the timeframe that the police or other authority must retain a seized vehicle before disposal from 14 days to 48 hours for those vehicles seized under section 59 of the Police Reform Act 2002?

The Regulation 7(5)(a) Disposal of motor vehicles^{[footnote 1]} specifies that the authority may not dispose of a vehicle during a period of 14 days starting with the date on which the vehicle was seized. 

Reducing the timeframe will allow the police to more quickly dispose of the vehicle. This is intended to stop offenders from reclaiming the vehicles and reoffending.

Responses

Of those who responded, 79% indicated support for a reduction in overall timeframes but not necessarily to 48 hours. Many respondents who agreed with the proposal noted that, while they supported a reduction in timeframes, the proposal to reduce timeframes to 48 hours would not work given that the Police (Retention and Disposal of Motor Vehicles) Regulations 2002 would still allow an individual seven working days to notify police or other authority of their intention to collect the vehicle and subsequently seven working days to collect, before it could be disposed of. This would make the 48-hour change to the period before disposal unworkable.

Some suggested a reduction to seven days, while others highlighted that disposal times can be delayed by other processes, such as delays to the issuing of a notice and could mean that a 48-hour period for police to dispose of vehicles from the point of seizure does not provide sufficient time for a person to collect their vehicle.

Reasons given for supporting a reduction in disposal timeframes were that a shorter retention period would free up valuable storage space and reduce costs and that quicker disposal of seized vehicles would act as a much stronger deterrent against repeat offending, sending a clear message that the anti-social use of vehicles would not be tolerated.

Of those who responded, 17% disagreed with the proposal. Respondents who disagreed raised concerns that the 48-hour timeframe could be too short for legitimate owners to reclaim their vehicle (for example where vehicle recovery yards or police stations are closed on bank holidays or at the weekend).  This could lead to innocent and vulnerable owners (for example, whose vehicles were stolen) losing their vehicle, particularly if they were unaware of the seizure, face language barriers or logistical challenges in claiming their vehicle.

Q2. To what extent do you agree or disagree that we amend timeframes prescribed in ‘working days’ to ‘days’?

Responses

The majority of respondents (82%) supported the proposed move from ‘working days’ to ‘days’. Reasons given for supporting the proposed change were that this would be fairer, more efficient, reduce confusion and align process with modern working patterns where services operate seven days a week. Respondents thought this would make deadlines easier to understand and calculate and avoid unnecessary delays caused by weekends and holidays. One respondent said that under the current scheme, vehicles recovered before the weekend only begin accruing storage charges from the next working day, meaning operators incur storage costs for weekends. Under the new proposal, storage costs could begin immediately after recovery, regardless of the day of the week.

14% of respondents disagreed, with reasons given including that ‘working days’ would ensure fairness, especially for vulnerable individuals facing logistical challenges. Some respondents stated that a change in wording to ‘days’ could unfairly shorten vehicle recovery times if deadlines fall over weekends or bank holidays, when recovery yards/police stations are closed. Respondents who disagreed with the proposal said that this could lead to more vehicles being disposed of, before owners have a realistic opportunity to reclaim them. One respondent felt that this issue could become more pronounced if a 48-hour retention period was implemented for section 59 seizures.

Q3. To what extent do you agree or disagree on the following combination to harmonise and reduce disposal timeframes?

We considered an amendment to the disposal timeframe prescribed by in The Police (Retention and Disposal of Vehicles) Regulations 1995 with harmonisation with the disposal timeframes as set out in The Road Traffic Act 1988 (Retention and Disposal of Seized Motor Vehicles) Regulations 2005 and The Police (Retention and Disposal of Motor Vehicles) (Amendment) Regulations 2005 to all become:

1. Seven days from the seizure date
2. Seven working days from date of delivery of the seizure notice or
3. Seven working days from the date it was claimed

Responses

Of those who responded, 76% agreed with the proposed changes. Respondents in support felt that harmonising language would simplify processes, reduce costs and improve operational efficiencies for police and recovery operators. Some said that standardising timeframes would make the system clearer and address risks associated with storing certain vehicles such as electric cars. Some said that the changes need to be implemented holistically with safeguards to ensure fairness for vehicle owners.

Of those who responded, 14% disagreed with the proposed change to harmonise language. Respondents who disagreed thought that practical challenges might arise from ‘harmonising and reducing disposal timeframes’, which included the risk of premature disposals and unfair outcomes especially for vulnerable and innocent owners. Some respondents believed that the proposed new time frames were too short to allow for due process, appeals and resolution of disputes and could lead to legal challenges or reputational harm for authorities. Whilst additional questions on vehicle removal, storage and disposal fee increases were consulted on, the government’s response to submissions on the proposals for fee changes will follow, upon conclusion of further work on the complex issues raised during consultation which require further assessment.

Conclusion and next steps

1. We have carefully analysed and considered the 138 responses to questions relating to amendments to vehicle disposal timeframes within the consultation on removal, storage and disposal of vehicles which, are summarised above. The responses were submitted from a range of people those with a professional, commercial and public interest in the consultation.

2. The majority of those who responded were supportive of the proposals set out within the consultation. 34% of responses were submitted by individual operators or their representative bodies.

3. When considering consultation responses, views from policing stakeholders were sought to clarify operational questions relating to how current disposal processes function in practice. Given that police forces will be responsible for implementing any regulatory changes, input was sought from the police on practical, operational matters and processes, for context.

4. Responses to the consultation highlighted concerns that a 48-hour timeframe for disposal risks unfair disposals and raises practical difficulties, particularly where some recovery yards are closed over the weekend or on bank holidays. Respondents also noted that such short timeframes may not allow sufficient opportunity for due process, appeals, or resolution of disputes. We will therefore legislate to reduce disposal timeframes as set out in the Police Reform Act 2002 to seven calendar days. This will allow the police to dispose of vehicles used anti-socially more quickly. It will also ensure owners have sufficient time to exercise their right to property; there is adequate time for vehicles to be re-claimed before disposal; the impacts on those who are vulnerable can be mitigated; and the proposals are operationally practicable.

5. We will also change the timeframe for police disposal from the point of seizure to seven days and align the timeframe for an individual to notify police or other authority of their intention to collect their vehicle following the issuing of the seizure notice to seven days, along with the timeframe for an individual to subsequently collect their vehicle, to seven days, under the Police (Retention and Disposal of Motor Vehicles) Regulations 2002, The Police (Retention and Disposal of Vehicles) Regulations 1995, and The Road Traffic Act 1988 (Retention and Disposal of Seized Motor Vehicles) Regulations 2005 to become seven days.

6. We will amend timeframes currently prescribed in “working days” to “days”, to provide consistency across legislation for storage and disposal timeframes. We note that a small number of responses to the consultation suggested that “working days” would help ensure fairness, ensuring individuals have sufficient time to collect their vehicles, especially where a 48-hour timeframe was proposed. Most consultation responses were in support of moving to calendar days, suggesting that calendar days would help provide greater clarity.

7. We will continue work on the complex issues that relate to the proposed 16.2% inflationary increase to statutory fees. The government response on submissions on fees proposals will be set out when this work is completed.

8. Amendments to timeframes will be brought forward on the basis that they are the best evidenced and fairest means of taking proposals forward.

Next Steps

9. The government will make statutory provision to amend  vehicle disposal timeframes and references to ‘days’, to refer to ‘days’ in place of ‘working days’ in The Police (Retention and Disposal of Motor Vehicles) Regulations 2002; The Road Traffic Act 1988 (Retention and Disposal of Seized Motor Vehicles) Regulations 2005 and The Police (Retention and Disposal of Vehicles) Regulations 1995.

10. The Home Office will continue to work on the proposals for a change to fees and we will publish a government response on the fees element of the consultation when this work is complete.

List of Organisations Who Responded

• Office of the Police and Crime Commissioner for Durham
• Office of the Police and Crime Commissioner for Merseyside.
• Office of the Police and Crime Commissioner for West Midlands
• A W & D Hammond Ltd
• AAA Road Rescue
• Alpha Recovery
• Ashleywood Recovery
• Asm Auto Recycling ltd
• AUTORITE RECOVERY
• AVRO UK
• BDV Recovery
• Boarhunt Garage and Recovery Services Ltd
• Boleyn Recovery & Fleet Services Ltd
• British Motorcyclists Federation (BMF)
• British Transport Police
• Buckdale Ltd
• Cannon Commercials Ltd
• Central Bedfordshire Council
• Cowan Recovery Limited t/a CMG
• Durham Constabulary
• Egertons Recovery Group Ltd
• Elite Services Limited
• Essential Truck Assistance Ltd
• Fairight Vehicles Ltd
• Fillongley Garage ltd
• Furness Cars & Commercials Limited
• G & MJ Crouch & Son Limited t/a Crouch Recovery
• Gallows Wood Recovery
• Gloucester Road Service Station Bmth Ltd – TA GRS Recovery
• Gwalia Recovery LTD
• Historic England
• Jacksons Recovery Lt
• John Macadam and Son (Rescue) Ltd
• LAR Traffic Services/ SMR Recovery Services
• Local School in Houghton Regis
• Lowes 24 Hr Breakdown & Recovery
• Manchetts Ltd T/A Manchetts Rescue & Recovery
• Members of the Public
• Merseyside Police
• Metropolitan Police Service
• Mick Gould Commercials Ltd
• Midhurst Engineering & Motor Company Ltd.
• N T Shaw of Louth
• National Police Chiefs Council - Vehicle Recovery Leads
• National Police Chiefs Council - Roads Policing Portfolio
• Norfolk Recovery Services Ltd
• Oasis Rescue and Recovery Ltd
• Pupils 2 Parliament
• R&S Recovery Services Ltd
• Raf’s Breakdown Recovery
• Richford Motor Services Limited
• Rochfords Garages Ltd
• Ron Perry A19 Test & Tune LTD
• Rowley Auto Services LTD
• Saunders Garage
• Stoneywood Limited
• Sunderland City Council
• Tears of Sutton Bridge LTD T/A Tears Recovery
• The Mansfield Group
• Thirteen Housing Group
• TLC Garage Services LTD
• Unity Recovery Service LTD
• Wales Safer Communities Network
• Warwickshire Police

Annex A – Summary of Proposed Changes to Vehicle Disposal Timeframes

Disposal outcome	Police Reform Act 2002	Road Traffic Act 1988	Criminal Justice and Public Order Act 1994
Days from the seizure date	Seven days (currently 14 days)	Seven days (currently 14 days)	Seven days (currently three months)
Days from date of delivery of the seizure notice	Seven days (currently seven working days)	Seven days (currently seven working days)	Seven days (currently 21 days)
Days from the date vehicle was claimed	Seven days (currently seven working days)	Seven days (currently seven working days)	Seven days (unchanged)

1. The Police (Retention and Disposal of Motor Vehicles) (Amendment) Regulations 2005 ↩