Will the new Equipment Theft (Prevention) Act combat farm vehicle crime?

The Act has been being introduced to prevent the theft of machinery and equipment used by the agricultural sector, particularly quad bikes, and all-terrain vehicles (ATVs). How will it help tackle equipment theft on farms, and what more can be done to support farmers struggling with both the fear of crime and being a victim of crime? Jessica Sellick investigates. ………………………………………………………………………………………………..

The main users of all-terrain vehicles (ATVs) and quad bikes are people working in agriculture, horticulture, and land management. According to NFU Mutual’s Rural Crime Report 2023, the total cost of agricultural vehicle claims soared by 29% to £11.7 million in 2022 as organised criminal gangs cashed in on the rising cost and limited supply of vehicles and machinery. In 2022, quad bike and ATV theft reported to NFU Mutual totalled £3 million, a 34% rise on the previous year. The Government estimates that 900-1,200 quad bikes and ATVs are stolen in England and Wales each year. The Tradespeople Against Tool Theft white paper ‘On the Tools’, published in 2022, states that the average UK tradesperson is likely to have between £1,000 and £5,000 worth of tools stolen from them in just one tool theft incident. As a result, the theft of ATVs and tools is a key concern for farmers, tradespeople, and policy-makers.  

Under the Theft Act 1968 someone is guilt of theft if they ‘dishonestly appropriate property belonging to another with the intention of permanently depriving the other of it’ (Section 1). Someone is guilty of handling stolen goods when they are ‘involved in trying to resell stolen tools or equipment’ (Section 22).  These offences can be tried in both magistrates courts and crown courts – with the maximum sentence for conviction of theft in a crown court being 7-years imprisonment, increasing to 14-years for handling stolen goods. 

The police, farming industry and other stakeholders have provided advice and delivered initiatives to seek to prevent the theft of ATVs and farm equipment and plant machinery. Some examples include:

• CESAR Scheme (Construction and Agricultural Equipment Security and Registration Scheme) uses visible and covert markings on plant and agricultural machinery. The scheme’s database allows the owners of equipment to be identified so stolen equipment can be returned. The Agricultural Engineers Association (AEA) suggests the scheme has led to a 60% reduction in thefts since it was introduced back in 2008.  
• uWatch-it app: this allows users to register their tools and report them as stolen. Details of reported stolen items then appear on ‘Dodgy Gear’, a free search engine where people can check if a second-hand item they want to buy is stolen. The app also alerts other local registered users when a tool has been reported stolen therefore advising them to be alert to suspicious activity. 
• Tool Watch: an app that allows users to record ownership of tools and report thefts to police. Police officers can also use the app’s database to search and recover stolen equipment.  
• Stolen Goods Working Group: as part of its Beating Crime Plan in 2021 the Government announced the establishment of the group in 2022. Comprising police and academics, the purpose of the group is to develop innovative ways to attack the markets for stolen goods, including finding ways of making property more identifiable and traceable. 
• National Vehicle Crime Intelligence Service: this was established by the National Police Chiefs’ Council (NPCC). It brings together vehicle crime specialists from across all police forces in England and Wales to consider how thefts of items from vehicles can be reduced. 
• Rural and Wildlife Crime Strategy 2022-2025: produced by the NPCC, in consultation with stakeholders, it includes a UK National Rural Crime Priority on farm machinery, plant, and vehicle theft. The Strategy highlights how, post COVID-19 lockdowns, there was a notable increase nationally in the theft of ATVs and specialist farm Satnav systems.   
• The Association of Police and Crime Commissioners (APCC) set up the National Rural Crime Network (NRCN) back in 2014. The  NRCN champions a better understanding of crime in rural areas and finding new and effective ways to keep rural communities safer. 
• The CLA has a Rural Crime hub, supporting landowners and rural business to play a part in protecting equipment to deter thieves.  
• The NFU provides information and practical tips on how members can reduce their chances of becoming a victim of rural crime. 

Why is the Equipment Theft (Prevention) Act needed? While stakeholders have published advice to help reduce the risk of having tools and equipment stolen, and to improve the record keeping of equipment ownership to help trace owners in cases of theft, there was no legal requirement for manufacturers to fit immobilisers or add forensic marking to machinery and equipment. 

The purpose of the bill is to prevent the theft of machinery and equipment used by the agricultural sector, in particular quad bikes and ATVs by: (i) passing regulations requiring immobilisers and forensic marking to be fitted as standard to all new ATVs that meet the definition set out in the bill; and (ii) powers to make regulations on recoding ATV sales and to other equipment designed or adapted primarily for use in agricultural or commercial settings.   

The bill was sponsored in the House of Commons by Greg Smith. It passed the Commons stages unamended and received cross-party support, including from the Government where the Home Office prepared the bill’s explanatory notes. 

The bill was sponsored in the House of Lords by Lord Blencathra. The bill received Royal Assent on 20 July 2023. Known as the Equipment Theft (Prevention) Act 2023, it makes five provisions to prevent the theft and re-sale of equipment and tools used by tradespeople and agricultural businesses.  

• Subsection 1: requirements for sale of equipment – the Act covers mechanically propelled vehicles that (i) are designed or adapted primarily for use other than on a road; (ii) have an engine capacity of at least 250 cubic centimetres or two kilowatts; and (iii) travel on more than two wheels or on tracks. 
• Subsection 2: record keeping – allows the secretary of state to make regulations requiring a person selling specified equipment to record certain information about the sale. This information may include: the name and contact details of the buyer; the make, model and/or colour of the equipment; details of its unique identifier; and the method or location of the marking. Provisions may also include when the information must be recorded, how long the information must be kept, and the form in which the information must be kept. 
• Subsection 3: enforcement – a person commits an offence if they sell equipment in breach of subsection 1, and/or they fail to record or keep information in accordance with subsection 2. Enforcement powers can be exercised by an enforcement authority which means a local weights and measures authority, or a district council that is not a local weights and measures authority. 
• Subsection 4: general regulations – information about how to make regulations under the provision of the Act. 
• Subsection 5: extent and commencement – the Act covers England and Wales and comes into force at the end of the period of 6 months beginning with the day on which the Act is passed [i.e., January 2024].  

What happens next?  Between 18 May and 13 July 2023 the Home Office ran a call for evidence targeted at those who might be affected by the legislation. This includes manufacturers, dealers, retailers, forensic marking companies, trade associations, tradespeople, and law enforcement practitioners. Assuming the bill would gain Royal Assent, the consultation sought views on proposed details to be included in secondary legislation. This will introduce regulations defining minimum standards for immobilisers, forensic  marking and the database for recording details. The call for evidence sought views on: 

• The definition of ATVs and agricultural equipment. 
• A requirement for removable Global Positioning Service (GPS) systems to be forensically marked. 
• The Recommended Retail Price (RRP) threshold of tools to be marked. 
• Specifications of immobiliser, and any implications for type approval. 
• Specifications for forensic marking. 
• Specifications for registration on databases. 

The consultation contained three proposals with a set of questions under each: 

1. A requirement for agricultural machinery to be fitted with immobilisers, forensically marked, and registered on a database. A requirement for removable GPS trackers to be forensically marked and registered on a database. 
2. A requirement to forensically mark hand-held power tools. 
3. The specifications for immobilisers and forensic marking and the functionality of the databases.

In its response to the call for evidence, the NFU indicated its interest in more powers being provided to combat the surge in GPS systems as well as its support for a requirement for these units to be forensically marked to discourage resale and assist police investigations. The AEA and its members support the aims of the bill and did not oppose it during its passage however they are concerned that its proposers and supporters have significantly underestimated the legal complexity and cost of complying with the measures proposed. The AEA flagged a conflict for machine dealers and other sellers of vehicles for whom it would be illegal to sell affected vehicles without an immobiliser fitted however to do so would contravene product safety legislation. To overcome this the AEA propose manufacturers fit immobilisers to their vehicles and machinery – however this is complex, costly and time consuming and they propose an implementation period of 3-5 years. The AEA also indicated how forensic marking proposals relating to professional powered hand tools is impractical as they are manufactured in factories around the world and leave the production line already boxed. 

Similarly, and echoing both its support of the aims of the legislation and the points raised by the AEA, the British Agricultural and Garden Machinery Association (BAGMA) also raised concerns about the implementation of the bill including distortion of the UK market as the provisions only apply to England and Wales; and how the complexity and cost of complying with the proposed measures had been significantly underestimated. 

What might these new powers and regulations mean for people working in agriculture, horticulture, and land management? Researchers at Northumbria University have highlighted the impact of the theft of farm vehicles on farming families. The key findings include: 

• Machinery theft often results in significant interruptions to farming as well as financial losses, and sometimes theft is accompanied by intimidation and violence. In one example an individual who had participated in a sting ATV scheme with their local police force was the victim of arson after the bait vehicle was stolen and the perpetrator arrested. Whilst no formal evidence existed linking the two events, the individual felt the two were connected. 
• Farmers and their families can be left struggling with both the fear of crime and the experience of being a victim of crime leaving them feeling vulnerable and afraid of being alone in their own homes. Indeed, many of the farmers interviewed by researchers described how they felt the need to remain constantly vigilant and how this was both exhausting and psychologically impactful. 
• While some thieves operate locally and are fairly unsophisticated, most rural thieves routinely move across counties, countries and sometimes continents. 
• Farmers are increasingly uncertain how best to protect themselves without having to constantly invest in expensive security as a technological arms race takes place between them and criminals. 
• Agricultural vehicle manufacturers must start to include modern security measures in their standard design for tractors and quad bikes as they do with cars, instead of leaving them to be purchased as expensive extras that farmers cannot afford. 

More broadly, researchers highlighted how criminals operate across and exploit the administrative boundaries of police forces. Researchers recommended that police forces establish dedicated rural policing resources, improve the speed at which they attend thefts to collect evidence, and create better mechanisms for police forces to share intelligence between areas in real time. For farmers, researchers recommended that they maintain their security procedures equitably throughout the farming calendar and participate in their local rural watch group. 

Back in September, the Countryside Alliance launched its largest-ever survey into crime in rural areas. 97% of the 2,016 people that responded to the 2022 survey said that rural crime was a ‘significant’ issue in their community; and 49% did not think the police were taking rural crime seriously. In addition to highlighting people’s feeling of safety, the purpose of the 2023 survey is to build a clear picture of the issue to shape future policing delivery and ensure funding is spent where it is most needed.  

If implemented, will fitting immobilisers, or adding forensic marking to machinery and equipment, lead to a reduction in the sharp rise in thefts; tackle the highly organised gangs of criminals trespassing and stealing valuable machinery; and lead to a more collaborative approach to tackling rural crime? And will this reduce the fear of crime and the impact of crime on rural communities? Watch this space. 

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Jessica is a project manager at Rose Regeneration and a senior research fellow at The National Centre for Rural Health and Care (NCRHC). She is currently evaluating hospital discharge and hospital avoidance schemes, and a service that supports older people to maintain their independence. Jessica also sits on the board of a charity supporting  rural communities across Cambridgeshire. 

She can be contacted by email jessica.sellick@roseregeneration.co.uk. 

Website: http://roseregeneration.co.uk/https://www.ncrhc.org/ 

Blog: http://ruralwords.co.uk/ 

Twitter: @RoseRegen 

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