This is an internal policy guide from West Yorkshire Police:
Policy summary
Vehicle Recovery Scheme
This policy outlines the Force’s procedure for handling requests for the recovery or removal of abandoned, stolen, burnt-out or seized
vehicles.
Aims The aims of the policy are to explain:
• how to request recovery of a vehicle;
• how to deal with property in a vehicle; and
• the procedure for release of a vehicle.
Scope All officers and police staff.
Compliance Before arranging the removal of any vehicle, be certain that you have a legal power to do so.
Police Reform Act 2002 (Section 59 and 60);
The Road Traffic Act 1988 (Retention and Disposal of Seized Motor
Vehicles) Regulation 2005;
Road Traffic Regulation Act 1984
Police and Criminal Evidence Act 1984
empowers the police to move, cause to be moved or arrange for the removal of vehicles in various circumstances.
Other related legislation includes:
• Common Law powers of seizure;
• Police (Property) Act 1897;
• Transport Act 1968;
• Police (Disposal of Property) Regulations 1975;
• Road Traffic Act 1988 section 165; and
• Removal, Storage and Disposal of Vehicles Regulations 1993
Chapter 1 Definitions
Introduction This policy uses the following terminology:
Recovery operator - which means:
Individual garages that operate under the control of WYP.
Independent Recovery Agent - which means:
Independent garages who are not affiliated to WYP, and do not form part of this Vehicle Recovery Service.
Chapter 2 Principles
Vehicle recovery system
From the 1st February 2012, all requests for vehicles to be recovered will be made direct by West Yorkshire Police via an interface from STORM to the Elvis system.
These requests must be arranged through the:
• Control Room (DCR); or
• Force Control (FC)(for Roads Policing requests).
It will be the responsibility of the DCR or FC (RPU) to use the recovery operator allocated to the division where the vehicle is been requested for recovery.
There are dedicated POLICE USE ONLY telephone contact numbers, for all the recovery operators.
Recovery operators
West Yorkshire Police has appointed 6 recovery operators to covering the 9 divisional areas which are:
Operator Location Contact details
AA – K D Bros Leeds 01132 127953
BA - Bridge Garage (Knottingley) Knottingley 01924 273368 option 4
CA – Bridge Garage (Stourton) Leeds 01924 273368 option 4
DA - Bridge Garage (Ossett) Ossett 01924 273368 option 4
EAD - David Blockley & Son Bradford 01132 853015
EAH – Unit One Recovery Huddersfield 01484 542244
FA – Stoneywood Motors (Sowerby Bridge) Halifax 01422 839831
GA – Stoneywood Motors (Bradford) Bradford 01422 839831
HA - Macadams Keighley 0843 506 0047
Response times
Agreed response times are:
Time Response
during normal office hours 30 to 45 minutes; or
outside office hours 45 minutes
Complaints The senior vehicle recovery unit manager should be notified as soon as possible, if there are any complaints about the actions of a
'Recovery Operator'.
Contact with the Vehicle Recovery Unit can be made by:
• email to the Vehicle Recovery Mailbox; or
• fax on extension 25498 (01924 294998).
Location of stored vehicles
Recovered vehicles must be taken to, and will be stored at, the premises of the recovery operator who conducts the removal. Only in exceptional circumstances, and with the authority of an inspector, should seized vehicles be taken to police premises, (divisions will be charged for these recoveries).
It is the responsibility of the vehicle owner to pay the prescribed fees for the removal and storage of their vehicle. However, where a vehicle is seized for evidential purposes under PACE Section 19, there are circumstances where the Police may pay.
For further guidance, please see ‘Vehicles seized for evidential purposes’.
Inspector's authority
The duty inspector’s authority is required when the:
• vehicle is being seized for evidential purposes;
• driver/owner details are unknown/cannot be ascertained; and
• vehicle is causing an obstruction or is likely to cause danger to other road users (apparently abandoned vehicle).
The decision, reasons and identity of the inspector must be endorsed on the Storm log.
Employee undertaking
Police personnel must not:
• contact recovery operators or independent recovery agents direct to arrange a recovery;
• tell members of the public, or recovery operators, that the police will pay for recovery;
• make recommendations to members of the public about the suitability of independent recovery agents; or
• drive vehicles to or on behalf of recovery operators.
Chapter 3 Vehicle removal
Circumstances requiring police removal
Any vehicle which is broken down or parked on a road in such a position, condition or circumstances as to:
• cause a genuine obstruction; or
• likely to cause an immediate danger to other road users, should be removed or caused to be removed by the police.
An inspector’s authority is required where the vehicle is to be removed in these circumstances.
Abandoned vehicles
Abandoned elsewhere than on a public road
The responsibility for removing a vehicle, which has been abandoned elsewhere than on a public road or highway, rests with the landowner or local Authority.
Only in cases where a vehicle presents an immediate danger or genuine obstruction will the police arrange removal, via the DCR/FC (RPU) and the Storm Log.
Road Traffic offences
In the case of abandoned vehicles, the following offences should be considered:
Cause unnecessary obstruction by motor vehicle / trailer
Contrary to Regulation 103 of the Road Vehicles (Construction and Use) Regulations 1986, Section 42 of the Road Traffic Act 1988 and Schedule 2 to the Road Traffic Offenders Act 1988;
Cause motor vehicle to be left in a dangerous position
Contrary to Section 22 of the Road Traffic Act 1988 and Schedule 2 to the Road Traffic Offenders Act 1988; and
Wilful obstruction of a highway - motor vehicle
Contrary to Section 137(1) of the Highways Act 1980.
Stolen vehicle
Introduction When a stolen vehicle is found, the police may remove the vehicle at the owner’s expense for the following reasons:
• to safeguard public safety;
• to safeguard the vehicle; or
• for examination or identification purposes.
When a vehicle is retained in these circumstances, the owner or their insurer is responsible for the recovery charge.
Note: West Yorkshire Police will pay the storage charges incurred up to completion of the examination by a vehicle examiner when vehicles have been recovered for this purpose.
Motorways and A1 Trunk road
Introduction The Highways Agency has general responsibility for the removal of
any broken down or abandoned vehicle from the motorway network. A traffic patrol must attend and deal with any vehicle found in such circumstances.
The Motorway Unit will deal with an incident where:
• there is injury; or
• any type of criminality is suspected.
Stationary vehicles
Any vehicle, whether attended or unattended, found stationary on the carriageway of a motorway must be removed to the hard shoulder as soon as possible. After being removed to the hard shoulder, and especially during the hours of darkness, a traffic patrol from the Highways Agency or the Motorway Unit will ensure that the vehicle is adequately protected.
Requests for recovery made by members of the public using the roadside emergency telephones are not covered in this policy procedure.
Burnt out vehicles
Introduction The police do not automatically have a legal duty to deal with burnt out vehicles. Such a duty would only arise if an officer took physical steps to take control of a vehicle, and by doing so created an additional risk.
For example:
• by opening the doors;
• smashing the windows; or
• moving the vehicle.
Burnt out vehicle procedure
However, burnt out vehicles are particularly dangerous, due to the chemical changes that occur when a vehicle burns. This potential problem must be considered when making a decision whether to recover the vehicle.
The authority of an inspector is not required for the removal of such vehicles.
Note: While recovery operators have agreed a response time of 30 to
45 minutes, recovery of a burnt out vehicle may be delayed if it is not accessible to the public and it is necessary for the recovery to take place in daylight.
Chapter 4 Vehicle crime
Introduction All reported stolen vehicles if found, apparently abandoned, will be recovered by West Yorkshire Police to a place of safety and the cost will be borne by the owner or their insurers. Owners reporting their vehicle stolen must not be offered the option of recovering the vehicle themselves if it is found abandoned.
This is to prevent the found vehicle being further:
• used in crime;
• re-stolen;
• subject to vandalism; or
• becoming a danger to the public.
The recovery also provides an opportunity for us to forensically examine the recovered vehicles and increase detection rates.
Officers must be aware that this Policy Guidance relates only to the recovery of vehicles which have been stolen AND then abandoned.
Note: If an owner locates their own vehicle, or is present at the time of recovery, we may ask their consent to recover it for examination and, unless this can take place on their own premises, there will still be a recovery/storage charge to pay by the owner or their insurer.
Vehicles seized for evidential purposes
Introduction Vehicles that are seized by the police for evidential purposes should be stored at the premises of one of the Force’s authorised vehicle recovery operators.
Unless the keys to the vehicles are required for evidential purposes, they must remain with the vehicle when it is recovered.
Note: Vehicles must not be seized or retained as a way of punishing offenders by depriving them of the use of their vehicle.
Authorisation for recovery
ALL requests for the recovery of vehicles that are subject of a crime or incident MUST be authorised by the duty inspector.
Exceptions: The exception to the above rule is in cases of fatal or potential fatal collisions, where the authority for recovery remains with the SIO.
Chapter 5 Dealing with property in the vehicle
Introduction If the owner/driver of the vehicle are arrested, security of the vehicle and property within the vehicle is the responsibility of West Yorkshire Police.
In such cases, the arresting officer is advised to check the vehicle and consider the safe keeping of any valuable items. Any property retained for safe keeping should be entered on the appropriate property management system and cross referenced with the detainee’s custody record.
A receipt should be issued and vehicle search record completed where appropriate.
Note: Do not use force to enter the vehicle.
Duty of recovery operator
The recovery operator will ensure the safe keeping of any property contained in any vehicle which they recover or remove.
Note: If a vehicle is seized for examination, the keys should remain with the vehicle, unless they are required for evidential purposes.
Chapter 6 Disposal of vehicles
Introduction Vehicles will be disposed of under the terms of the current contract between West Yorkshire Police and each Recovery operator.
Where the owner cannot be identified, the vehicle will be disposed of
in accordance with the Police (Disposal of Property) Regulations 1975 or The Removal, Storage and Disposal of Vehicles Regulations 2008 as soon as possible to defray costs incurred for its recovery and storage.
Chapter 7 Disputed ownership
Introduction If there is dispute or doubt over the ownership of a vehicle in police possession, and:
• retention is likely to result in storage difficulties or depreciation;
• the trial court has not made an Order for restitution or disposal; and
• the property has come into possession of the police during an investigation into a suspected offence,
a full report of the circumstances must be submitted to the Force
Solicitor.
Linked policies
Other related policies include:
• Property - Property handling storage, retention and disposal; and
• Vehicle recovery scheme - Vehicles seized for evidence purposes.
Admin Last reviewed: January 2012
Scheduled for review: January 2015
To summarize Han, you'll have to pay to get the Cabby back. But the whole storage fee or part of it?
There is a proviso where the Police have a statutory obligation to cover the costs if a vehicle is recovered under PACE for the gathering of evidence,and you should get them to deduct their storage fee from the total. [IN RED ABOVE]
But they could in all cases say that they recovered the vehicle for any other number of reasons where you will have to pay, eg. causing an obstruction, prevent further damage, theft..as outlined above posts, and make you pay the whole fee.
Worth a try.
HTH
Jonathan.
