Hauliers face heftier fines under environmental Law
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HAULIERS FACE a five-fold increase in penalties for environmental offences under new civil powers coming into force on 4 January 2011.
Environment Civil Sanction Orders could be used by the Environment Agency as an alternative to prosecution fines, if, for example, diesel leaked into a river and harmed wildlife. They include: • Compliance notices; • Restoration notices; • Enforcement undertakings; • A fixed monetary penalty — minor offences fixed at £100 for an individual and £300 for a company: • A variable monetary penalty — for more serious offences, with a
maximum amount of £250,000;
• Stop notices
However, Claire Petricca-Riding, an associate at Aaron & Partners solicitors, believes there is uncertainty over how the monetary penalties will be calculated and applied. She adds: "The maximum civil penalty of £250,000 is five times higher than the maximum magistrates' court fine of £50,000, but only the regulator can decide which route to take.
James Backhouse, partner at law firm Backhouse Jones. says the key points for any transport operator to consider are reading the notice, observing the deadline for replying and getting advice. Our advice is that it is vitally important to immediately examine the notice and obtain advice if there are any concerns." he explains.