Who Is Responsible for Littering From a Motor Vehicle in New Jersey?
Explore how New Jersey law assigns responsibility for littering from vehicles, including legal nuances for drivers, owners, and passengers.
Litter discarded from vehicles creates environmental hazards and safety risks on New Jersey roads. State law addresses this issue by assigning responsibility when trash is thrown or falls from a car, though determining who is accountable can be complex, particularly with multiple occupants. New Jersey statutes outline how liability is assigned and the potential consequences.
Driver Liability
New Jersey law often holds the driver primarily responsible when litter comes from their vehicle. Statute 39:4-64 prohibits anyone from throwing or dropping debris from a vehicle, whether moving or stopped.1Justia Law. New Jersey Revised Statutes Section 39:4-64 This includes common trash and items like cigarettes that pose a fire risk.
A key aspect of the law arises when the person who littered cannot be identified in a vehicle with two or more occupants. In such cases, Statute 39:4-64(b) establishes a “rebuttable presumption,” meaning the law initially assumes the driver is responsible. This legal assumption places the burden on the driver, although it can be challenged with evidence proving they were not the one who littered.
Owner Responsibility
The registered owner of a vehicle may also be held accountable for littering under specific circumstances outlined in New Jersey Statute 39:4-64. If litter is discarded from a vehicle with multiple occupants, the identity of the litterer is unknown, and the registered owner is present in the vehicle, the law presumes the owner is responsible. This presumption, like the one involving the driver, can be contested with evidence.
However, if the registered owner is not present when the littering occurs, this specific presumption under 39:4-64(b) does not apply to the absent owner; responsibility would typically shift to the driver under the conditions previously described. While this statute focuses liability on those present, other laws concerning illegal dumping, such as Statute 13:1E-9.3 regarding unlawful solid waste disposal, could potentially involve an absent owner, particularly in cases involving significant amounts of waste where the vehicle’s use was central to the offense. Some local ordinances might also address owner liability, but state law generally governs traffic-related littering incidents.
Passenger Accountability
Passengers are not exempt from responsibility for littering from a vehicle. New Jersey Statute 39:4-64(a) clearly states that “No person shall throw or drop any…debris of any nature from a vehicle,” applying directly to anyone inside, including passengers. If law enforcement can identify a specific passenger as the individual who discarded trash, that passenger is directly liable.
The legal presumption assigning responsibility to the driver or present owner only applies when the actual litterer in a multi-occupant vehicle cannot be determined. If a passenger is identified as the source of the litter, they face direct accountability for their actions under the law.
Enforcement and Penalties
Enforcing New Jersey’s ban on littering from vehicles usually involves law enforcement officers witnessing the act. An officer observing debris being thrown from a car can conduct a traffic stop and issue a summons. Local environmental programs or citizen reporting might supplement these efforts, but ticketing generally requires direct observation by an officer.
A conviction under Statute 39:4-64 carries a fine between $200 and $1,000 for each offense, plus potential court costs. The law covers all types of debris, including items like cigarettes noted for fire hazards. While this specific statute does not mandate points on a driver’s license, accumulating points from various traffic offenses can lead to state surcharges and possible license suspension. More severe penalties, like community service, could apply under different statutes related to larger-scale illegal dumping, but are less common for typical roadside littering.
Disputing a Litter Violation
Individuals ticketed for littering from a vehicle under Statute 39:4-64 have the right to contest the charge in the Municipal Court where the alleged offense took place.2New Jersey Courts. Municipal Court Self-Help A “not guilty” plea initiates the dispute, which can often be entered before the court date by contacting the court clerk, using online portals like NJMCdirect, or sometimes via a “Plea by Mail” form.
After a not guilty plea, the court schedules a hearing or trial, decided by a judge without a jury.3New Jersey Courts. What If I Plead Not Guilty in Municipal Court? These proceedings may occur virtually or in person. Before the trial, there might be an opportunity to discuss the case with the municipal prosecutor, potentially leading to a resolution or amended charge.
During the trial, the prosecution presents its case, usually through officer testimony. The defendant or their attorney can cross-examine witnesses and present their own evidence. If the charge relies on the legal presumption that the driver or present owner is responsible because the actual litterer wasn’t identified, the defendant can challenge this by providing evidence, such as testimony, indicating they were not the one who littered or identifying the responsible party. The judge then rules based on the evidence. Following court procedures for appearances and deadlines is crucial to avoid further complications.
