This position statement sets out the Environment Agency (EA) view on when an abandoned, accident, damaged or stolen motor vehicle is classed as waste. It is based on the EA understanding of the relevant legislation and it will be regularly reviewed, revised or withdrawn if necessary. It applies to England only. You can get advice on the approach being taken in Wales, Scotland and Northern Ireland from Natural Resources Wales, SEPA and the Northern Ireland Environment Agency (NIEA) respectively.
A vehicle recovered from the highway or other land by a Vehicle Recovery Operator (VRO) following a breakdown, accident, theft or abandonment will not be regarded as waste prior to its delivery to the VRO’s site or initial destination. This will be the case unless the owner of the vehicle or someone who has lawfully taken over the rights of the owner (such as the police or local authorities acting under statutory powers) has previously made a decision to discard the vehicle.
In the vast majority of cases, vehicles removed from the highway will not have been discarded and so will not be waste at the time they are collected. They can be moved from the highway to the VRO’s site or to another site without a hazardous waste consignment note being required. The receiving site will not require an environmental permit to receive such vehicles because they will not be waste at the time they are received. If the recovered vehicle is burnt out or likely to leak fluids, it should be stored in a manner that will not cause pollution.
If a decision is made to discard any vehicle while it is at the VRO’s site, that vehicle must be stored in a manner that will not cause pollution (preferably on an impermeable surface with appropriate drainage) and must not be dismantled at any site that does not have an appropriate environmental permit. The vehicle should be removed, as hazardous waste, to an Authorised Treatment Facility (ATF) who must issue a Certificate of Destruction (CoD) for that vehicle.
This position statement sets out some common scenarios in its Annex 1 to help seizing authorities, vehicle recovery operators, insurers and operators of ATFs understand when a vehicle is an ELV and the controls that apply to the storage, movement and treatment of vehicles in various situations.
For more information, please follow the next link “When a motor vehicle is considered to be waste”
Source: Environment Agency