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Passenger throws cup out of car window?

Discussion in 'The Pub' at netrider.net.au started by Tim_4, Oct 10, 2010.

  1. Hi fellow riders

    Got a question regarding road laws. Yes i tried google and did a search on the rta, so my next stop is here :)



    Anyway, suppose im cruising in town with a couple of mates in the back, then all of a sudden, he [the passenger] spills some slushy on himself, then irritated, throws the cup out the window. Then suppose, an old lady behind gets the vehicle registration details and reports me. Fair enough, i dont like people littering either.

    btw, this didnt happen to me, but the person it did happen to could be in a little bit of trouble.

    So im wondering what are the laws regarding this sort of thing? I understand that the driver is responsible should a passenger not be wearing a seat belt. But this is something you can see and easily address as the driver. This is not so much so when you consider a passenger chucking a plastic cup out the window all of a sudden.

    Im just curious myself

    Cheers
    Tim
     
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  2. what happens if you deny it?
     
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  3. lol

    Well, its not so much the police he is trouble with (dont ask me more :p), and there is no really denying it at this stage

    but i was just wondering what the law says regarding this type of thing.
     
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  4. Tim, here's some light reading.

    http://www.environment.nsw.gov.au/warr/penaltynotices.htm#pennotices

    Also, should a penalty notice be issued, the burden of proof lies with the agency that issued the penalty. they have to prove who it was, among other things.

    Some more information I found.

    "Overview

    The new law in New South Wales covering littering and advertising material both extends the range of offences and the range of penalties that can be issued by officers from councils and other enforcement agencies.

    This is a summary of the new littering laws and other important changes made by the Protection of the Environment Operations Amendment (Littering) Act 2000 .

    Commencement

    The amendments commence in two stages:

    * 1 July 2000 for amendments relating to littering offences

    * 1 April 2001 for amendments relating to offences about advertising material.

    This will make it illegal for advertising material to be put in places such as under car windscreen wipers, on property gates or fences, a public place, open private area (ie private land outside of a private building) and other inappropriate areas where it has the potential to become litter.

    Advertising material is defined as "...any paper product (including a leaflet, brochure or magazine) or other material thing that contains advertising or promotional matter".

    What is 'litter' according to the law?

    The definition of ‘litter’ in section 144A of the Protection of the Environment Operations Act 1997 (POEO Act) is as follows:

    ‘Litter includes:

    (a) any solid or liquid domestic or commercial refuse, debris or rubbish and, without limiting the generality of the above, includes any glass, metal, cigarette butts, paper, fabric, wood, food, abandoned vehicles, abandoned vehicle parts, construction or demolition material, garden remnants and clippings, soil sand or rocks, and

    (b) any other material, substance or thing deposited in a place if its size, shape, nature or volume makes the place where it is deposited disorderly or detrimentally affects the proper use of that place,

    deposited, in or on a place, whether or not it has any value when or after being deposited in or on the place.’



    Littering offences

    The littering offences are:

    * littering (including littering from vehicles): depositing litter on land or waters in a public place or an open private place
    * aggravated littering: littering which is reasonably likely to cause or contribute to appreciable danger or harm to any persons, animals, premises or property
    * depositing, or causing someone to deposit, advertising material in a public place or open private place other than in a mail box or under a door
    * depositing, or causing someone to deposit, advertising material on any vehicle.

    What is 'depositing litter' according to the law?

    The definition of ‘depositing litter’ in section 144A of the Protection of the Environment Operations Act 1997 (POEO Act) is:

    ‘Depositing litter in or on a place includes:

    (a) dropping or throwing litter in, on, into or onto the place, or

    (b) leaving litter in or on the place, or

    (c) putting litter in such a location that it falls, descends, blows, is washed, percolates or otherwise escapes or is likely to fall, descend, blow, be washed, percolate or otherwise escape into or onto the place, or

    (d) causing, permitting or allowing litter to fall, descend, blow, be washed, percolate or otherwise escape into or onto the place.’

    Examples of depositing litter

    * throwing confectionary wrappers from a vehicle
    * leaving a food container under a park bench
    * stubbing a cigarette onto a footpath
    * allowing soil, sand or garden waste to blow from a moving vehicle

    Public place

    The definition of ‘public place’ in the dictionary of the Protection of the Environment Operations Act 1997 is:

    ‘(a) public place within the meaning of the Local Government Act 1993, and

    (b) a place that is open to the public, or is used by the public, whether or not on payment of money or other consideration, whether or not the place is ordinarily so open or used, and whether or not the public to whom the place is so open, or by whom the place is so used, consists only of a limited class of persons

    (c) a State forest or flora reserve within the meaning of the Forestry Act 1916, and

    (d) a national park, state recreation area, historic site, nature reserve, state game reserve or Aboriginal area within the meaning of the National Parks and Wildlife Act 1974.’

    Examples of public places

    * railway stations, ferry wharves and bus stops
    * parks and reserves
    * roads, laneways, footpaths and thoroughfares used by the public
    * cricket grounds, football stadiums and sports venues
    * carparks
    * forecourts of shopping centres and petrol stations.

    Open private place

    The definition of ‘open private place’ in section 144A of the Protection of the Environment Operations Act 1997 is:

    ‘Open private place means:

    (a) a private place that is situated in or on land and that is not within a building on the land, or

    (b) a private place that is situated in or on waters.’

    Examples of open private places

    * gardens or yards around private residences or industrial premises
    * farm or grazing land
    * privately owned vacant land
    * small watercourses running through private land. "
     
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  5. ^^ Following from that post, I found in http://www.legislation.nsw.gov.au/fragview/inforce/act+156+1997+ch.5-pt.5.6a+2006-12-04+N (a little off topic but a WOW response)


    146E Restrictions on release of balloons

    (1) Offence of releasing balloons
    A person who releases 20 or more balloons at or about the same time is guilty of an offence if the balloons are inflated with a gas that causes them to rise in the air.
    Maximum penalty (for a corporation or an individual): 10 penalty units.


    According to NSW info I found,

    The Statute Law (Miscellaneous Provisions) Act 1997 was assented to by His Excellency the Governor on 2 July 1997. The Act contains a provision amending section 56 of the Interpretation Act 1987 as from a date to be proclaimed. Section 56 presently provides that a reference in any Act or statutory rule to a number of penalty units is to be read as a reference to an amount of money equal to the amount obtained by multiplying $100 by that number of penalty units. This provision has remained unaltered since 1987 although monetary values have been eroded by inflation.


    So $1000 for releasing 20+ balloons (and getting busted) !

    And just to be on topic, I guess the relevant info from the page (and has same info as above post) is:

    (6) Exception for driver when not offender
    Subsection (1) (a) does not apply if the driver:
    (a) gives notice in accordance with subsection (7) of the name and address of the passenger in the motor vehicle who deposited the litter, 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 driver did not deposit the litter and did not know, and could not with reasonable diligence have ascertained, the name and address of the passenger who deposited the litter.
    A notice under this subsection is, in proceedings against the person named in the notice for an offence under this Part, evidence that the person deposited the litter from the motor vehicle.
     
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  6. Note to self: release balloons in batches of 19.
     
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  7. Or carry enough so that they lift you, and then let them go because you have no other option.
     
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  8. yep, light reading :p

    Actually Undii, that info wasnt included in above post. So thanks!

    Following a few links from xsploder's link, i did find info on littering from cars. It seems that a fine can only be issued if the act was witnessed by an enforcement officer:

    6. Will the owner of the vehicle be fined?
    No. Fines can only be issued when an enforcement officer witnesses the offence. Public reports can result in advisory letters to owners. Fines are not issued on the sole basis of one report from the public.
    (http://www.environment.nsw.gov.au/warr/littervehiclesfaq.htm)

    Cheers guys
     
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  9. Attending a funeral at botany crematorium a few weeks back, they handed out balloons with the idea being make a wish or a thought about the person and release the balloon as a message, But only us family members were allowed to release them there and only in small batches , not all at once due to it being so close to the airport, so balloons are cracked down on hard by the government it seems :LOL:
     
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