Waste Carriers License - fines?

vaio

jdturk wrote: »

so whats the actual reason for this crappy license then? It just seems like a money making scheme that will only penialise the decent people and the ones that don't care about fly tipping will do it anyway?

Think you've answered your own question there

bingo_bango

While some of the legislation may seem draconian, it is how it is applied that matters.

All local authorities / councils etc will have an enforcement policy. This will operate as a guideline for their enforcement staff in dictating their action on discovery of a breach.
Generally it will ensure that a low detriment breach is normally dealt with by giving advice. I expect that this is what was happening to OP's BF. It doesn't negate his need for a licence, but it would almost certainly mean there would be no fine here.
If he needs clarification, then he can ask the authority for a copy of their enforcement policy and also how it complies with the Enforcement Concordat.

morrit

Waste Carriage laws can work to the tradesmans advantage when it comes to profit. Instead of having a TWL, put in the quotation with your customer for 'waste disposal arrangements' I.E you hire out a skip on the job and charge the price to the customer. They may decide it would be cheaper to hire a skip themselves, in which case let them but if you were to arrange with a skip company a nominal fee, and maybe charge your customer an extra tenner for administration, then more profit, less hassle!!

Working in this field myself, I have issued FPNs for failure to furnish documentation under the Control of Pollution (amendment) Act 1989 for £300. Not a pleasant thing to do. I'd be REALLY racked off. But lets face it, we all get racked off when some tradesmen scam us. You tend to find that the two are often linked though.

Fly tipping is on the increase with landfill taxes rising, the opportunity to dispose of waste for free is very tempting to the odd tradesman. Whilst I can appreciate the frustration of small businesses being targetted, having a waste carrier licence can be a gold mine depending on what you are carrying. Make sure you have a written description of what you are carrying, where it's going from and get the same from where you are taking it to. It doesn't need to be expensive, just a scribbled note and a source will save you a lot of hassle from other council workers. Keep them f0or a minimum of 6 years as well in accordance with the law. The licence lasts 3 years from the EA. Expensive, but as a previous poster put, these types of things are becoming more and more frequent with councils across the land doing operations with local police in targetting rogue traders and waste carriers. All fair and good saying 'let me off I didn't know' but ignorance is no defence. Imagine if someone stabbed someone and said 'I didnt know it was illegal.' Very different laws BUT the law is the law. Alos bear in mind the FPN is your opportunity to discharge any further liability. You are under no obligation to pay and you are allowed to fight it out in court. Unfortunately you will ALWAYS get jobsworths at a council. I had to laugh at the sheer desperation of the council worker who stopped this thread's boyfriend. He did the right thing driving off!

It is also important to note that the person who gives you waste WITHOUT checking whether you are a registered carrier is also committing an offence. If you have tradesmen willing to get rid of your rubbish for a tenner CHECK FIRST!! You are liable to a fine of up to £5,000. Waste disposal for trade costs more than that, if they offer to take it they are highly likely going to dump it somewhere. Check with the Environment Agency online or ring them.

want2Bdebtfree

Hi, just a thought, we run a small hotel and recycle bottles cans paper etc at Tescos, I usually carry these in a carrier bag and walk to the store. I assume in theory I should have a carriers certificate. Isn't it typical we are told to recycle and get penalised if we do! Our council do offer a recycling trade waste bin but do not take glass. I fully understand that public amenities are not for trade but surely recyling centres at supermarkets do not fall into this category?

Thank you to those who post.

morrit

The recycling centres at supermarkets are generally run by the local authority. And you are correct, they are designed for domestic use, not for commerical use. If you are stopped and searched then yes, in theory you are breaking the law. The waste is part of a profit making company. Bit pathetic and the law DEFINATELY needs updating. Interestingly the law doesn't state whether being on foot or in a vehicle matters.


With regards to your glass collection, ask the council why they don't recycle glass. Speak to your waste collection contracter about recycling glass. If there's a profit to be made by someone they will make it. They may collect it for free and sell it on.

burrell

hi does this mean that you need a licence to take scrap metal to a scrap metal merchants even though you are a private householder

vax2002

You have a right to silence, no name = No contract = no fine

cavework

vax2002 wrote: »

You have a right to silence, no name = No contract = no fine

Rubbish .. sorry
If the waste is traced back to you because the tradesman you employ does not get rid of it legally .. contract or no contract
that rubbish ultimately belongs to you and you will be held responsible for where it ends up.

matchmade

Total rip-off: £154 for a licence, for doing what work exactly? And how exactly do they monitor and trace what people are carrying, or track down flytippers, or make any use of these stupid licences at all? Can anyone point out a single instance where these licences have been made productive use of in relation to small businesses and waste disposal?

As usual the Government and the jobsworths in local government are using this as a fund-raising scheme to punish legitimate law-abiding businesses because of the actions of a small minority. The same applies to landlord licensing and registration: a money-making venture to drive good firms out of business and encourage the black economy.

I also don't see why normal householders should be exempt: they transport all sorts of waste, including asbestos, to the local tip or leave it in their backyards all the time - why aren't they forced to pay for a licence? In the same way, why are landlords forced to pay for insulation, safe furniture/curtains, smoke alarms and gas inspections on their boilers, but the millions of dodgy items of furniture, smoke alarms and boilers owned by private individuals, who are often responsible for vulnerable old people and children besides themselves, are not required to do anything? There is an appalling culture in this country of attacking anyone who has the cheek to set up a business and try and employ people and make a profit to earn a living, whilst letting the vast majority of the population off scott-free from regulation. Anyone who sets themselves up as a business and employs people and keeps this country running should be praised to the skies and encouraged at every step, not treated like a pariah.

patman99

These licenses are not a rip-off. They have been £154 for a 3-year license since their introduction back in the early '90s.
When you consider a company only needs one WCL regardless of how many vehicles/staff they have, then it it is no that costly..

I have one & if someone wants some waste removed & I am to busy to do it, I get a mate to do it knowing he will be covered by my license.