Division 45
Motor Vehicle Trade
Requirements for all motor vehicle trade
These requirements apply to all business activities in this division.
Health and Safety at Work etc. Act 1974 — general duties
Enforced by HSE
Health and Safety at Work etc. Act 1974
General duty to protect employees and others affected by the business. Motor trades carry above-average risk — vehicle lifts, jacks, brake dust, isocyanate paints, fuel and battery handling, tyre inflation. Devolved: enforced under the Health and Safety at Work (Northern Ireland) Order 1978 in NI.
Employers' Liability Insurance
Enforced by HSE
Employers' Liability (Compulsory Insurance) Act 1969
Required for any business employing at least one person.
UK GDPR + Data Protection Act 2018
Enforced by ICO
Data Protection Act 2018; UK GDPR (retained EU law)
Dealers and garages process extensive personal data (customer records, finance applications, V5C/keeper details, service histories, ANPR/CCTV). ICO registration unless exempt.
Equality Act 2010 — protected characteristics
Enforced by EHRC
Equality Act 2010
No discrimination in the provision of goods, services or employment. NI: Equality Commission for Northern Ireland regime.
Regulatory Reform (Fire Safety) Order 2005
Enforced by LOCAL_FIRE_AUTHORITY
Regulatory Reform (Fire Safety) Order 2005
The responsible person must carry out a fire risk assessment of workshops, showrooms, paint/body shops and parts stores — heightened by flammable fuels, solvents, oils and lithium batteries. Devolved: Fire (Scotland) Act 2005; Fire and Rescue Services (NI) Order 2006.
Fire (Scotland) Act 2005 — fire safety duties
Enforced by SCOTTISH_FIRE_AND_RESCUE_SERVICE
Fire (Scotland) Act 2005
Scottish equivalent of the Regulatory Reform (Fire Safety) Order 2005 — the duty holder must carry out a fire risk assessment and maintain fire precautions for workshops, showrooms, paint/body shops and parts stores, heightened by flammable fuels, solvents, oils and lithium batteries.
Fire and Rescue Services (Northern Ireland) Order 2006 — fire safety duties
Enforced by NORTHERN_IRELAND_FIRE_AND_RESCUE_SERVICE
Fire and Rescue Services (Northern Ireland) Order 2006
Northern Ireland equivalent of the Regulatory Reform (Fire Safety) Order 2005 — the appropriate person must carry out a fire risk assessment and maintain fire precautions for workshops, showrooms, paint/body shops and parts stores, heightened by flammable fuels, solvents, oils and lithium batteries.
Consumer protection and fair trading
Enforced by TRADING_STANDARDS
Consumer Rights Act 2015; Digital Markets, Competition and Consumers Act 2024
Goods (vehicles, parts) and services (repairs) must be of satisfactory quality, as described and fit for purpose; misleading actions/omissions (clocking, hidden write-off history, undisclosed faults) are prohibited. Enforced by Trading Standards. Aftersales finance/insurance is separately FCA-regulated (see selling activities).
Waste duty of care
Enforced by ENVIRONMENT_AGENCY
Environmental Protection Act 1990; Waste (England and Wales) Regulations 2011
Motor businesses produce controlled waste — waste oil, oil filters, brake fluid, coolant, tyres, batteries, end-of-life parts. The duty of care requires storing it securely and transferring it only to an authorised carrier with a waste transfer note. Devolved: Waste (Scotland) Regulations and SEPA in Scotland; Natural Resources Wales in Wales; NIEA in NI.
Waste (Scotland) Regulations 2012 — duty of care
Enforced by SEPA
Waste (Scotland) Regulations 2012
Scottish equivalent of the s34 waste duty of care. Motor businesses produce controlled waste — waste oil, oil filters, brake fluid, coolant, tyres, batteries, end-of-life parts — which must be stored securely and transferred only to an authorised carrier with a written description, and (under these Regulations) source-segregated for recycling where required. Enforced by SEPA.
Waste and Contaminated Land (Northern Ireland) Order 1997 — duty of care
Enforced by NIEA
The Waste and Contaminated Land (Northern Ireland) Order 1997
Northern Ireland equivalent of the s34 waste duty of care (Article 5). Motor businesses producing controlled waste — waste oil, filters, brake fluid, coolant, tyres, batteries — must take reasonable measures to prevent unauthorised waste escape and transfer waste only to an authorised person with a written description. Enforced by NIEA.