East Staffordshire Borough Council has introduced new £75 fixed penalty notices for drivers caught littering from their vehicles, a move aimed at tackling what a council cabinet member has called a "common offence" across the borough.
The penalty applies to littering from vehicles on land the council is responsible for keeping free of litter. If paid within 14 days, the fine is reduced to £50. However, failure to pay within 28 days results in the penalty increasing by 100 per cent, and further recovery action can follow through the courts.
How the penalty works
The notice is sent to the registered keeper of the vehicle, regardless of who actually discarded the rubbish. If the fine remains unpaid, the council says it will pursue the funds through HM Courts & Tribunals Service's Traffic Enforcement Centre.
The council stated: "The amount of a civil penalty for littering from a vehicle is the same as the amount specified for the criminal fixed penalty for leaving litter. The penalty charge is £75 however if paid within 14 days the amount is reduced to £50. If the penalty is not paid within 28 days, and the recipient has not made any representation against the penalty notice, the amount of the penalty increases by 100 per cent. If it is still unpaid, it is recovered via the HM Courts & Tribunals Service's Traffic Enforcement Centre."
Legal basis and scope
The council is empowered to issue the fixed penalty notices under 2018 regulations, which brought non-London borough councils in line with their London counterparts. The new regulation covers only land that East Staffordshire Borough Council is obliged to maintain free from litter. A separate offence under the Environmental Protection Act covers all other land, including private property, where rubbish is thrown.
The council reports that it has already used a range of alternative approaches, including advice, warnings, posters, and social media campaigns.
Council response
Councillor Simon Slater, cabinet member for communities and regulatory services, said: "These Regulations provide an option to send what is effectively a 'bill' to a keeper of a vehicle from which litter is thrown, by attaching civil liability to that person, where criminal liability of that or another person cannot be established for prosecution under the Environmental Protection Act 1990. Littering from vehicles is a common offence across the borough and work has been undertaken with Staffordshire County Council to take action regarding littering from vehicles."
The initiative follows a rise in rule breaking from vehicles throughout the borough, and the council has confirmed that unpaid fines will be recovered through legal channels, ensuring enforcement is maintained.
