Littering from vehicle: civil penalty - EPA 1990 s. 88C
Scottish civil penalty for littering from a vehicle. Officer satisfied on balance of probabilities. Notice within 3 months. Registered keeper presumed.
An authorised officer of a litter authority may impose a civil penalty charge on the keeper of a vehicle if satisfied on the balance of probabilities that— an offence of leaving litter under section 87 (“an act of littering”) has been committed from the vehicle, and the vehicle was on land within the litter authority’s area at the time that the act of littering was committed. For the purposes of this section, the keeper of a vehicle— means the person by whom the vehicle is kept at the time when an act of littering occurs, and in the case of a registered vehicle is to be presumed, unless the contrary is proved, to be the registered keeper. The keeper's liability to pay a civil penalty charge notice to the authority arises when an authorised officer of a litter authority gives to the keeper written notice requiring payment of the charge (“a civil penalty charge notice”). No civil penalty charge notice may be given— after the end of the period of 3 months beginning with the day on which the act of littering in question occurred, or if action has been taken under section 87 or section 88 against a person in respect of the same act of littering, regardless of— whether or not the person is the vehicle’s keeper, whether or not the action is ongoing, the outcome of the action. The Scottish Ministers may by regulations make provision— for the amount that may be imposed as a civil penalty charge, for discounts and surcharges, as to the purposes for which sums received by an authority by way of civil penalty charge may be used, about the form and content of a civil penalty charge notice, about the procedure to be followed in giving a civil penalty charge notice, conferring rights to make representations about and to bring an appeal against a civil penalty charge notice, about the circumstances in which a civil penalty charge notice may or must be cancelled, about the procedure to be followed in cancelling a civil penalty charge notice, about the refund of sums paid by way of civil penalty charge, about exemptions from liability, whether and how an authority must keep and publish accounts in respect of sums received by way of civil penalty charge. In this section— an “ authorised officer ” means an employee of a litter authority who is authorised in writing by the authority for the purposes of imposing civil penalty charges under this section, “ litter authority ” means— a local authority, Loch Lomond and the Trossachs National Park Authority, or such other person as may be specified in regulations by the Scottish Ministers, “ local authority ” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994, “ registered keeper ”, in relation to a registered vehicle, means the person in whose name the vehicle is registered under the Vehicle Excise and Registration Act 1994, “ registered vehicle ” means a vehicle which is registered under that Act, “ vehicle ” means a mechanically-propelled vehicle or a vehicle designed or adapted for towing by a mechanically-propelled vehicle.
Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
This section lets a litter authority's authorised officer issue a civil penalty charge to the keeper of a vehicle if they are satisfied, on the balance of probabilities, that someone committed a littering offence (under section 87) from that vehicle while it was on land in the authority's area. The keeper is the person who keeps the vehicle at the time of the littering; for a registered vehicle, the registered keeper is presumed to be the keeper unless they prove otherwise.
The keeper becomes liable to pay the penalty when the officer gives them a written notice (a 'civil penalty charge notice'). The notice must be given within 3 months of the littering. No notice can be given if any action has already been taken under section 87 or section 88 against anyone for the same littering, whether or not that person is the vehicle's keeper and regardless of the outcome.
The Scottish Ministers may make regulations setting the penalty amount, discounts and surcharges, how the money can be used, the form and content of the notice, the procedure for giving it, rights to make representations and appeal, circumstances for cancellation, refunds, exemptions, and accounting requirements.
When it applies
- A driver throws a cigarette butt out of the car window while parked in a council car park.
- A passenger tosses a fast-food wrapper from a moving vehicle onto a public street.
- A lorry sheds loose debris from its load onto a highway within a national park authority area.
- Someone throws a drink can from a vehicle onto a beach managed by a litter authority.
- A vehicle's registered keeper receives a penalty notice for littering committed by an unknown person from that vehicle.
What this section does not say
- This does not apply to littering by a person on foot (that is covered by section 87).
- It does not apply to littering from a vehicle in England or Wales (see section 88A for that regime).
- It does not impose a criminal penalty; it is a civil penalty, not a criminal offence.
- It does not apply if the littering happened more than 3 months before the notice is given.
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This page reproduces the text of EPA 1990 s. 88C in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.