Chance to fine litterbugs is thrown away

17 April 2008

Up to 70% of all litter offences go unpunished because of a legal loophole which makes it almost impossible to penalise those who throw litter from cars, according to council leaders.

Local authorities across the country have complained that the law is inconsistent and inadequate, and that enforcement loopholes leave them powerless to take action against offenders.

The Local Government Association says simple revisions to existing legislation, which would place responsibility for litter dropped from a vehicle on the registered keeper, would give councils the enforcement powers they need. Litter thrown from vehicles is estimated by some councils to account for 70% of street litter in some areas.

Cllr Paul Bettison, chairman of the LGA environment board, said: ‘At a time when councils are coming under increasing pressure to deal with littering, some of the current legislation is a mire of confusion. Registered keepers of vehicles can be prosecuted for speeding unless details of the offender are given, so why not for littering?’

Under current DEFRA guidance – Section 87 of the Environmental Protection Act 1990 – councils are advised not to issue fixed penalties for littering from vehicles unless the offender can be positively identified.

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