posted 1 year ago

Fly-Tippers To Have Vehicles Seized Without Warrant

Law change targets cowboy waste management firms

Suspected fly-tippers could have their vehicles seized by council enforcement officers acting without a warrant if a proposed law change comes into force in spring 2015.

The law currently demands that enforcement officers seek a warrant from a magistrate before seizing a vehicle identified as having been used by someone to illegally dump waste.

The Department for the Environment, Food and Rural Affairs has now launched a process of consultation into measures to reduce the time and cost of seizing vehicles, including removing the necessity for a vehicle seizure warrant and a notice in a local newspaper.

Under the proposed new legislation for England and Wales, a vehicle seized by a council enforcement officer could be impounded for 30 days while the alleged offence is investigated.

During this time, evidence to clear or convict the fly-tipper can be obtained.

Those ultimately found guilty of fly-tipping can be imprisoned for up to five years and fined up to £50,000.

Cowboy firms

In 2013, councils recorded 852,000 fly-tipping incidents in England. The cost of removal was £4m. The new law targets cowboy firms that – rather than pay to dispose of rubbish at recycling centres – dump it roadside for free. 

This saving enables them to undercut legitimate competition.

Private offenders can also be punished via the new law.

Peter Box, of the Local Government Association, said: “Giving councils tougher penalties will allow them to tackle this criminal activity head-on. It is inexcusable and unacceptable for anyone to dump waste illegally, and councils know how much people hate seeing this sort of vandalism.”

To report a large amount of fly-tipped rubbish – above 20 cubic metres or 18 tonnes – call the Environment Agency on 0800 807060. 

For smaller volumes contact the local council.

Views are being sought on the proposed legislation change on the Defra website.

*Do you think it’s time to get tough on fly-tippers?

PHOTO https://flic.kr/p/e5NRFV

 

I witnessed fly tipping couple of times in the past and managed to get the vehicle reg and model only to be told by the powers that be - that is not enough, we cant do anything - we need a name and address! Oh, silly me, I should have asked!!! Unless the officials apathy changes nothing else will and without pictures/evidence how will they prove any crime?

The thin edge of the wedge I reckon; While the good intentions of this proposed Law change are obvious it is only a matter of time before it is twisted and used for another purpose by some cretinous jobsworth or over-zealous public employee. These sorts of Laws never have enough checks and balances or penalties for misuse built in. When I was a kid everyone was a fly-tipper and everyone had regular dumping places but no sooner had somone dumped something a dozen people turned up and started carrying it away. One man's garbage is another man's treasure... Successive governments have created the current problem and probably done so deliberately so they can impose more levels of regulation on the population while riding roughshod over civil liberties and the Common Law and things are set to worsen until our legal system resembles that of parts of Europe where everything is prohibited and the only freedoms are those expressly permitted by the state.

With many councils now charging the public to use local tips - surely this is actually going to encourage fly-tipping and as previously said, there are no cameras/barriers where local fly-tipping is taking place ! False economy ???

Whilst fly tipping is unacceptable, maybe if the councils had not closed many recycling centres and made it difficult/impossible for traders to use the domestic ones by spending millions of pounds with the barriers and cctv to monitor the vehicles using the facilities which does seem to miss the point to recycle as much as possible and make it easy as posible. Traders would willingly pay a reasonable price to use the facilites on a regular basis instead of sometimes having to do a 30 mile trip to dispose of and pay for the facility.

Great idea, anything to put them off. Hopefully cowboy firms will think twice if they risk losing their vehicle.

The problem's catching the scum in the first place, not seizing their vehicles. The known blackspots in my area have no cameras and frequently get fly-tipped.

1. The culprits won't go to prison - they are full. 2. They won't get a hefty fine - they won't have any money. 3. Not many vehicles will be seized because they will probably have to be caught 'red-handed'.