Section 146 - Protection of the Environment Operations Act 1997 - Owners and drivers of motor vehicles and trailers involved in littering

146Owners and drivers of motor vehicles and trailers involved in littering

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146 Owners and drivers of motor vehicles and trailers involved in littering

(1) Offence If litter is deposited from a motor vehicle, or from a trailer attached to a motor vehicle, contrary to section 145 or 145A, the following are taken to be guilty of an offence under that section—

(a) in the case of litter deposited from a motor vehicle—the driver of the motor vehicle,

(b) in the case of litter deposited from a motor vehicle—the owner of the motor vehicle,

(c) in the case of litter deposited from a trailer attached to a motor vehicle—the owner of the trailer.

(2) Only one person liable Subsection (1) does not affect the liability of the actual offender but, if a penalty has been imposed or recovered from any person in relation to the offence (whether the actual offender, the driver or the owner), no further penalty may be imposed on or recovered from any other person. In this subsection, penalty includes a penalty under a penalty notice.

(3) Exception for passenger vehicles Subsection (1) does not apply if—

(a) the motor vehicle is a bus, taxi or other public transport vehicle and is being used at the time to convey a public passenger, and

(b) the litter was deposited by that passenger.

(4) Exception for stolen vehicles Subsection (1) (b) does not apply if the motor vehicle was at the time a stolen motor vehicle or a motor vehicle illegally taken or used.

(4A) Exception for stolen trailers Subsection (1) (c) does not apply if the trailer was at the time a stolen trailer or a trailer illegally taken or used.

(5) Exception for owner when not driver Subsection (1) (b) or (c) does not apply if the owner was not in the motor vehicle, including the motor vehicle to which the trailer was attached, at the relevant time and—

(a) gives notice in accordance with subsection (7) of the name and address of the person who was in charge of the motor vehicle at the relevant time, or

(b) satisfies the officer who gave the penalty notice for the offence or the court dealing with the offence (as the case requires) that the owner did not know, and could not with reasonable diligence have ascertained, that name and address.