Littering from a Vehicle
Littering from a vehicle - (The Littering From Vehicles Outside London
(Keepers: Civil Penalties) Regulations 2018)
Section 87 of the Environmental Protection Act 1990.
On 1st April 2018 the Government introduced the Littering from Vehicles outside London (Keepers: Civil Penalties) Regulations 2018. These regulations allow a civil penalty notice to be issued to the keeper of the vehicle from which litter is thrown. This removes the need to identify precisely who threw the litter before taking enforcement action.
Boston Borough Council may give a fixed penalty notice to a person who is the keeper of a vehicle if the authority has reason to believe that a littering offence has been committed by either the driver or the passengers in respect of the vehicle on the authority's land.
How much is the fine?
You will be issued with a Fixed Penalty Notice (FPN) for £250, reduced to £150 is paid within 10 days.
Can I appeal the fixed penalty notice?
You have the right to appeal by making representation under regulation 14 of the Act to the Litter Authority if one or more of grounds A-L (see overleaf) apply within the period of 28 days beginning with the day on which the penalty notice is given. If you wish to make representations relating to the offence you can do so by writing to the Enforcement Team at Boston Borough Council, Municipal Buildings, West Street, Boston, Lincolnshire, PE21 8QR or by emailing the enforcement team.
A Is that the littering offence in question did not occur
B Is that the person was not the keeper of the vehicle at the time of the littering offence because the person became the keeper of the vehicle after the littering offence occurred.
C Is that the person was not the keeper of the vehicle at the time of the littering offence because the person had disposed of the vehicle to another person before the littering offence occurred.
D Is that the person was not the keeper of the vehicle at the time of the littering offence because the vehicle was a stolen vehicle when the littering offence occurred.
E Is that the person - (a)was engaged in the hiring of vehicles in the course of a business at the time of the littering offence, and
(b)was not the keeper of the vehicle at that time by virtue of a vehicle hire agreement.
F Is that the person was not the keeper of the vehicle at the time of the littering offence for a reason not mentioned in grounds B to E.
G Is that the litter authority was not, by virtue of regulation 4(5), authorised to give the person a penalty notice.
H Is that the person is not liable to pay the fixed penalty by virtue of regulation 12.
I Is that liability to pay the fixed penalty has been discharged in the circumstances set out in regulation 13.
J Is that the fixed penalty exceeds the amount payable under these Regulations.
K Is that the litter authority has failed to observe any requirement imposed on it by these Regulations in relation to the imposition or recovery of the fixed penalty.
L Is that there are compelling reasons why, in the particular circumstances of the case, the penalty notice should be cancelled (whether or not any of grounds A to K apply).