Nuisance vehicles – selling and repairing cars on the road

Facts about nuisance vehicles can be found below.

Is it an offence to sell/repair cars on the road?

Selling Vehicles on the highway

Section 3 of the Cleaner Neighbourhoods Act 2005 prohibits the use of the highway for selling cars for commercial purposes.  Where there are 2 or more vehicles advertised to be sold within 500 metres of each the offence may have been committed (subject to investigation and evidential checks).

Repairing Vehicles on the highway

Section 4 of the Cleaner Neighbourhoods Act addresses the nuisance caused by a business using the highway to repair vehicles.  It is an offence to carry out restricted works to a vehicle or part of a vehicle on the highway.

What is defined as a road?

‘Any length of highway or other road to which the public has access’.

Public rights of way are also included and ways to which the public has access by permission of the landowner. It also includes access roads through estates that are owned by organisations such as housing associations or by the residents that live there.

What is defined as restricted works?

‘Works for the repair, maintenance, servicing improvement or dismantling’.

If an individual can prove that they are not repairing the vehicle as a business and are not ‘giving reasonable cause for annoyance’ to persons in the vicinity, they are not committing an offence. 

They are also exempt if the repairs are following an accident or breakdown that is carried out within 72 hours of the incident.

What will Charnwood Borough Council do to enforce this?

If there is sufficient evidence to prove that you have committed the offence of selling or repairing vehicles contrary to the sections 3 and 4 of the Cleaner Neighbourhoods Act 2005 then you may be prosecuted and upon conviction could receive a fine of up to £2,500 in a Magistrate’s Court. 

The council also have the option to issue fines for the offence.