Abandoned & Nuisance vehicles can often be confused. Below you will find a clear definition of an abandoned vehicle, allowing you to report correctly and allowing MSDC to work more effectively.

What is an Abandoned Vehicle?
A vehicle is only abandoned ‘where it appears to a local authority that a motor vehicle is abandoned without lawful authority…’ (Refuse Disposal (Amenity) Act 1978). This means that a vehicle is deemed abandoned when an authorised officer at MSDC decides that it is abandoned.

How can you tell if a vehicle is abandoned?
Before you report an abandoned vehicle please collect as much information as possible.  The following characteristics are generally common to abandoned vehicles and one or more will be taken into consideration by an enforcement officer when deciding if a vehicle is abandoned:

• Untaxed (This should not be the only factor)
• Flat tyres
• Rusty brake discs
• No current registered keeper
• Broken windows
• Stationary for some time
• Contains waste
• Missing number plates
• Burnt out
• Significantly damaged, run down or unroadworthy

A Local Authority officer will investigate all reported abandoned vehicles within 24 hours to make an assessment if the vehicle fits the criteria.

Who should you report untaxed vehicles to?
If you are experiencing problems with untaxed vehicles please contact the DVLA online or call 0870 850 0007.  This can be reported anonymously, details required include:

• Make, model and colour of vehicle
• Registration number
• Location of vehicle
• Name & address of owner if known

Who’s responsibility is it to remove an abandoned vehicle?
MSDC is a waste collection authority and is responsible for removing abandoned and nuisance vehicles in conjunction with the Police and the DVLA.

What is the legislation?
Local Authorities are under a duty 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, and if prosecuted carries a maximum fine of £2500 or three months imprisonment, or both.
Legislation: Refuse Disposal (Amenity) Act 1978 s.3

Fixed Penalty Notices
The Clean Neighbourhood & Environment Act 2005 s.10 inserts ss2A, B & C into the Refuse Disposal (Amenity) Act 1978 giving authorised officers of MSDC the power to issue a Fixed Penalty Notice (FPN) in respect of an offence of abandoning a vehicle. The sum is set at £200 and local authorities may retain the receipts.

What is the procedure for removing an Abandoned Vehicle?

On the Highway, adopted road, public footpath or estate access road:
Where an MSDC officer propose to remove a vehicle, which in their opinion is in such a condition that it should be destroyed, we will affix a notice to the vehicle for a minimum of 24 hours before removing it. If the vehicle is not moved within the 24 hours, MSDC will remove and dispose of the vehicle. If an owner can be traced they are liable to pay for the removal and disposal costs.

Where an MSDC officer proposes to remove a vehicle, which in their opinion is in such a condition that it should not be destroyed, we will remove it to safe storage immediately while efforts are made to trace the owner. This helps to prevent further attacks of vandalism on the vehicle. If the vehicle owner is traced, a seven day notice must be served on the owner informing them of the authority’s intention to dispose of the vehicle if it is not claimed. If the owner does claim the vehicle they will be invoiced for the removal and safe storage costs for the vehicle.

On private land
If a vehicle is deemed abandoned by an MSDC officer and is on private land, we will issue the land occupier with a 15 day notice, explaining our intentions to remove the vehicle. If an objection is made, we will negotiate a further plan of action to resolve the situation. If no objection is made or the land occupier gives permission before the 15 day period we will then follow the same procedure when dealing with abandoned vehicles on the Highway, adopted road, public footpath or estate access road.

In all situations we may consider prosecuting the owner for the offence of abandoning the vehicle or alternatively issue a Fixed Penalty Notice. Where the owners of such vehicles cannot be traced, the vehicle is usually disposed of.

Report an abandoned vehicle online or contact our Customer Service Centre

Related links

End of life vehicle collection service