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Introduction
Roadside litter is one of the most unnecessary and
preventable environmental problems. In the past, enforcement
action was impractical because evidence of who ejected the
litter from a vehicle had to be gathered.
The Protection of the Environment Operations Act 1997 has
made it easier take action regarding littering from vehicles.
A vehicle owner is deemed liable for littering unless they
provide a statutory declaration stating the details of the
person in charge of the vehicle at the time (sections
145-146).
Local councils and certain other public authorities have
the power to issue penalty notices for littering, as well as
the EPA. The EPA issued 221 penalty notices to vehicle owners
in respect of littering from vehicles in the period December
1999 to mid-March 2000. The fine is $200 (individuals) or $400
(corporations), irrespective of the type of litter
deposited.
Safety first
Take care when gathering the details of a vehicle. If
possible, dictate the information for a passenger to write
down. Some reporting officers carry dictaphones to record
their observations, to minimise distraction from driving when
alone in a vehicle.
What to look for and record about littering from
vehicles
As much information as possible should be gathered about
littering from vehicles:
- registration number
- state or territory where vehicle is registered
- type of vehicle (for example, car, truck, motor cycle)
- description of the vehicle (for example, colour, model
or any other distinguishing features)
- whether the vehicle was stationary or moving
- if moving, direction the vehicle is heading
- approximate time and place of the offence
- part of the vehicle the litter was ejected from
- how the litter was ejected (for example, thrown,
dropped, placed on the ground)
- type of litter (for example, cigarette butt, bottle,
plastic bottle).
You must actually observe the act of littering or have
gathered other evidence to prove the offence. Only issue a
penalty notice if it is beyond reasonable doubt that the
litter came from the particular vehicle. Seeing litter next to
a vehicle and assuming that it came from that vehicle is not
good enough. It can be difficult to be absolutely sure where
the litter actually came from when there is a line of traffic
or lots of vehicles around. Remember that you may have to give
evidence in court and be cross-examined if the vehicle owner
elects to have the matter heard in court.
Accessing the details of a vehicle owner from the RTA
database
To find out the owner’s details so that a penalty notice
can be issued by mail, councils and other enforcement agencies
may need to access the driver and vehicle records database of
the Roads and Traffic Authority (RTA).
The RTA offers on-line access to its driver and vehicle
records database to various regulatory agencies, including
councils. The RTA also offers off-line (fax back) access to 16
councils who have requested this service. In all but abandoned
vehicle inquiries, the RTA charges $14 per fax-back request.
Given the need for strict privacy and security of
information, there are safeguards. Councils seeking access,
both on-line and off-line, must make a written application and
enter into a Memorandum of Understanding with the RTA, prior
to accessing any information.
Contact for accessing vehicle owner details
RTA Unit Manager
Customer Service
Driver and Vehicle
Records
Phone 02 9218 6175.
Contact for other enquires regarding littering from
vehicles:
Manager Motor Vehicle Enforcement Unit
Environment
Protection Authority
Phone 02 9995 5055
Littering from vehicle report sheet
EPA staff complete a report sheet when they see littering
from a vehicle. They submit the completed sheet to the EPA
authorised officers responsible for issuing penalty notices.
Local councils and other agencies able to issue penalty
notices for littering may wish to adapt the report sheet (see
link below) so that it can be used by their staff. For example
some councils have suggested making the notice in the form of
a statutory declaration, or containing the jurat under section
48C of the Justices Act ('This statement made by me accurately
sets out the evidence which I would be prepared, if necessary,
to give in Court as a witness. The statement is true to the
best of my knowledge and belief and I make it knowing that, if
it is tendered in evidence, I shall be liable to prosecution
if I have wilfully stated in it anything which I know to be
false or do not believe to be true.')
Sample
‘Littering From Motor Vehicle Observation Report Sheet
(PDF format; 24 Kb)
Page Design © Ian Hunter.
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