Who will receive the infringement notice if an authorised officer observes a person littering from a public passenger vehicle?
To safeguard the rights of public passenger vehicle operators a vehicle littering offence only applies if the driver was the offender. If an authorised officer observes a passenger littering they will not issue an infringement notice. However, if an authorised officer is satisfied that the driver committed the offence they will issue an infringement notice to the registered owner of the passenger vehicle. This is similar to speeding and red light offences. Public passenger vehicle operators should treat littering offences in the same way as speeding and red light offences. This would usually involve the registered owner nominating, through a statutory declaration, the person in charge of the vehicle at the time of the alleged offence. On receipt of the declaration, the authorised officer will reissue the infringement notice to the nominated person.
Related Questions
- Can an officer from a local council issue a penalty notice for littering from a vehicle if the littering occurs outside the area of that council?
- Who will receive the infringement notice if an authorised officer observes a person littering from a public passenger vehicle?
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