littering fines? Australia

mooshoepork

So, I was at Mcdonalds with a dumbass friend of mine. He decided to throw his rubbish out the window while we were in the carpark. The manager saw this and I saw him writing something down on his hand, presumably my number plate.

Now, I didn't do anything fucking wrong, but I presume I'm going to get a fine.

They can't really prove it happened though, so legally what do I do?

http://www.epa.vic.gov.au/litter/if_you_have_been_reported.asp

says I can file a stat dec saying I don't know who did it/name the person who did do it.

It seems completely ridiculous they will just take anyone's word for it. I could go out in the street pick a car and report them for littering.

Any ideas?

I'm in Victoria Australia.

WildEEP

Seriously dude, read your own link.

It says that its governed under Statutory declaration.
So yes...someone could just swear they saw you do it.
But only SPECIFIC someones.

http://www.epa.vic.gov.au/litter/docs/statutory_declaration.pdf

Check the list. Business Manager isnt on there. Let the dork write down whatever he wants, the worse it'll probably mean for you is a - Please dont litter - notice.

That being said - stop littering.

mooshoepork

That being said, I didn't litter. Which is why I'm pissed off. I've yelled at my friend about it, not much more I can do. Before he did it I told him not to be a jackass.

I've actually called the EPA, and was told whoever reports it will have to be willing to show up in court. I doubt they'll bother.

It's a pretty ridiculous law though. Not littering. I mean, just reporting people without evidence. I don't even think he saw my friend do it. He came out and saw rubbish around the car.

Gdiguy

mooshoepork wrote: »

That being said, I didn't litter. Which is why I'm pissed off. I've yelled at my friend about it, not much more I can do. Before he did it I told him not to be a jackass.

Maybe this is a stupid question, but why didn't you just pick it up and throw it out yourself? (Or, alternatively, throw it at / on your friend?) I can understand not wanting to have to pick up after your friend, but if you know there's a law that makes you legally responsible for littering done by anyone in your car, at a certain point you either have to be willing to clean it up or not allow your friend in your car if he's going to continue littering

http://www.epa.vic.gov.au/litter/doc...eclaration.pdf

Check the list. Business Manager isnt on there. Let the dork write down whatever he wants, the worse it'll probably mean for you is a - Please dont litter - notice.

I think you're misinterpreting that file (unless I am); to me, it reads that it's a list of who can WITNESS a statutory declaration - basically the equivalent of a Notary Public in the USA, that's a list of people who are officially recognized and certified to sign off on the fact that it was you (presumably that you showed them your ID), and they personally watched you fill out the statutory declaration form

It seems completely ridiculous they will just take anyone's word for it. I could go out in the street pick a car and report them for littering.

It's an interesting idea; the reason you shouldn't do that is because the person can write back "no, I swear under penalty of perjury that I did not litter", and then it's your word against theirs... which will probably just cause it get thrown out the first time, but if you file 50 of these and all of them come back with people willing to state under oath that they did not litter, you'll get yourself in trouble for making false statements.

It's the same as saying "why should we allow witnesses at murder trials, they could just say anything" - yeah, theoretically they could, but usually people aren't willing to risk perjury charges to get someone else in trouble.

The Cat

State EPA's in Aus are ridiculously underfunded as far as compliance goes. They don't give a shit about your buddy, because they're way too busy trying to scrape together enough cash to regulate major industrial and commercial operators.

If anything, I'd have thought this would be a police matter, and I doubt they give a shit either. Whoever the manager rang probably "wrote down" the details, hung up, told his coworkers about the idiot who just wasted his time, and went to lunch.

Edit: And yes, anyone can make a stat dec, but only certain people can witness and certify them. JP's and a few others, so this would be war-of-the-stat-decs and thus a waste of time for all involved.