Nuisance Parking Offences
Who are the new offences targeted at?
The offence of selling vehicles on the road is intended to
target those people who run a business selling motor vehicles and
use the road as a showroom. This behavior is unfair to local
residents who are thereby deprived of using the road themselves to
park vehicles. It is not intended to target individual private
sellers of single vehicles, but the nuisance that is caused by the
presence of numbers of vehicles being offered for sale by the same
person or business. This is why the offence may only be committed
where there are two or more vehicles being offered for
sale.
The offence of repairing a vehicle is also aimed primarily at
those that act irresponsibly as part of a business and which are
attempting to use the road as a workshop. It is not intended to
target private individuals who are carrying out minor work to their
vehicles (unless the repairs cause annoyance to persons in the
vicinity), or those who carry out necessary work to vehicles by the
side of the road in order to get them moving again after a
breakdown or accident (such as breakdown organisations and mobile
mechanics), provided the work is completed within 72 hours.
Litter
Changes being introduced for the offence of littering
Under the previous Act it was an offence to drop litter on
land to which the public have access, but not to drop it onto other
land or into water. The revised section makes it an offence to drop
litter onto or into all types of land and water, including the sea
down to the low-water mark. This change is intented to resolve the
anomalies within the previous legislation, under which it was to
drop litter on a public footpath, but not to throw it into a
neighbouring garden.
The Act also clarifies that discarded smoking materials and
chewing gum are to be considered as litter.
Unlawful display of advetisements
Change in defence
This provision removes the current defence that the
advertisement has been displayed without the knowledge or consent
of the landowner/ occupier/beneficiary. This has been replaced, so
that someone charged with the offence will have to prove either
that the advertisement was displayed without his or her knowledge;
or that he or she took all reasonable steps to prevent the display
or, subsequently, to secure the advertisement's removal.
Transport of waste
Deposit and Disposal of Waste
Previously, there was a defence that could be used to avoid
liability where the defendant was acting under his employer's
instructions. This defence has been removed.
New penalties have been introduced for offence of Fly tipping.
Raising the maximum term of imprisonment to twelve months (from six
months previously) and it increases the maximum available fine from
£20,000 to £50,000; for conviction on indictment.