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Mccarthy TruckIn July 2014 the Highways Agency wrote to MP Steve Webb saying:

We have recently identified that a large number of bulk waste lorries are using the M32 and that in part the loss of material from them is exacerbating the problem of litter on and adjacent to the carriageway. We will be seeking to address this issue with the companies involved to try to prevent the litter occurring in the first place.

I put in an information request asking for with copies of all subsequent correspondence with these companies on this issue including the replies from the companies.

I was sent  just one letter. It was to Mccarthy Marland Ltd dated 6th August 2014. It referred to one of their vehicles being seen shedding large amounts of litter and plastic on 4th August onto the M32. It warned them that:

.. had a police officer observed this occurring they may issue your driver with a £60 fixed penalty for having an”unsecured load causing nuisance” under Section 100(2) of the Road Vehicle Construction and Use Regulations of 1986.

Astonishingly the letter was not from the Highways Agency but from their area maintenance contractor, Skanska Infrastructure Services!

In my view the appropriate action would have been for the Highways Agency to have prosecuted the company under S34 of the Environmental Protection Act –Duty of care as respects waste – maximum fine £5,000.

Peter Silverman
20th February 2015




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