Monday, Apr 16, 2012 at 13:49
Hi there,
That's actually not the case. The offender is immediately issued a fine and given the opportunity to dispute it. See below:
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About litter reporting
The registered owner of the vehicle is considered to have committed the offence unless they can give the name of any person authorised by the registered owner to use the vehicle at that time.
The driver is also responsible for their passengers in relation to this offence unless they can give the name and contact details of the passenger concerned.
When littering or dumping from a vehicle is reported to the KABC, a fine or infringement notice is issued to the registered owner. If the registered owner was not the person responsible, there is a section on the infringement notice which can be filled in to give the name and contact details of the person responsible.
If the driver has not committed the offence they may fill in a statutory declaration stating that they did not throw/drop the litter and that they did not see who did. This can be sent to KABC where the fine will be reviewed. It is an offence to make a false or misleading statement on a statutory declaration.
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I have used this before and of course most people will fill in the stat dec saying that they didn't do it even when they clearly did and will usually get away with paying the fine HOWEVER!, it has caused them at least some inconvenience in that a) They have lied on a stat dec b) they might think twice about doing it again c) they realise there are people out there who do not accept this ignorant behaviour. It's not really about the fine it's about creating an awareness.
Thanks for your post.
Craig
FollowupID:
758523