The Council’s Environmental Health and Trading Standards Division can take action about some incidents where motor vehicles are sold or repaired on the road. The legislation covering these activities is The Clean Neighbourhoods and Environment Act 2005 and does not cover other parking infringements.
The legislation relating to these activities is not intended to target individual private sellers of single vehicles, or those people carrying out repairs to their own vehicle.
Contact Information:
Abandoned Vehicle Section
Derby City Council
Environmental Services Department
Environmental Health and Trading Standards Division
Celtic House
Heritage Gate
Friary Street
Derby DE1 1QX
By telephone: 01332 255260
By fax: 01332 641941
By email: abandoned.vehicles@derby.gov.uk
Sales and Repairs of Motor Vehicles on the Road
Selling Vehicles on a Road
It is an offence for a person, as part of a business, to:
a) Leave two or more vehicles parked within 500m of each other on a road or roads where they are exposed or advertised for sale, or
b) Cause two or more vehicles to be so left
The penalty for someone found committing this offence is fine not exceeding £2500. Alternatively a fixed penalty notice of £100 may be offered. Motor Vehicle includes cars, motorcycles, trailers and caravans. In the event of an enquiry about vehicle repairs we will first confirm that the vehicles are in a location where we are able to take action.
Repairing Vehicles on a Road
It is an offence for a person to carry out ‘restricted works’ on a motor vehicle on a road as part of a business, or for gain or reward.
‘Restricted Works’ are ‘works for the repair, maintenance, servicing., improvement or dismantling of a motor vehicle or of any part of or accessory to a motor vehicle, and works for the installation, replacement or renewal of any such part or accessory’.
The penalty for someone committing this offence is fine not exceeding £2500. Alternatively a fixed penalty notice of £100 may be offered. Motor Vehicle includes cars, motorcycles, chassis of a car or motorcycle, trailers and caravans. In the event of an enquiry about vehicle repairs we will first need to confirm that the vehicles location and circumstances are such that we are able to take action.
The legislation also allows for action to be taken where this type of work is carried out and it is not as part of a business or for gain or reward. The work must be causing ‘reasonable annoyance’ to persons in the vicinity. ‘Reasonable annoyance’ is not defined in law and such cases would need to be carefully assessed prior to the Council considering any action.
A person cannot be convicted of an offence if he/she can prove that repair works:
a) Arose from an accident or breakdown in circumstances where repairs on the spot or elsewhere on the road were necessary, and
b) Were carried out within 72 hours of the accident or breakdown or were within that period authorised to be carried out by the local authority for the area