Drivers could escape fines for littering as councillors fume that nothing is being done to prevent motorists from being punished for breaking Highway Code rules.
Rule 147 of the Highway Code tells drivers that they should be considerate and "MUST NOT" throw anything out of their windows.
This can include food packaging, cigarette ends and cans, as it can endanger other road users, especially motorcyclists and cyclists.
These rules are backed up by Section 87 of the Environmental Protection Act 1990, which states that a person is "guilty of an offence if he throws down, drops or otherwise deposits any litter in any place to which this section applies and leaves it".
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The Highway Code instructs that drivers must not throw litter out of their car windows
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It adds: "No proceedings may be instituted for an offence under subsection (1) which is a littering offence in respect of a vehicle within the meaning of section 88A(2) if—
"(a)a penalty notice has been given under section 88A to the keeper of the vehicle in respect of which the offence was committed, and (b)the fixed penalty has been paid or recovered in full."
However, Monmouthshire Council is now calling for fresh laws to be introduced to crack down on motorists littering around the area.
Carl Touhig, highways chief at Monmouthshire Council, said the absence of legislation to charge offenders was preventing the local authority from tackling the issue.
He claimed that Wales does not have legislation allowing local authorities to prosecute car drivers for throwing litter from their vehicles.
Touhig noted that since there is no legislation, it means the issue is difficult to enforce, potentially resulting in more instances of littering.
He warned that drivers in England are put off from breaking these rules since there is a deterrent, South Wales Argus reported.
Councils, like Monmouthshire, are pushing for the Welsh Government to introduce rules that would bring prosecutions against drivers who litter.
Touhig also noted that the Welsh Government manages the collection of litter from the side of trunk roads, which creates further difficulties.
Since the council operates as an agent on behalf of the Government, it is required to put traffic management schemes in place to pick up litter.
The council officer said: "That costs a huge amount of money. And we do have to ask them 'Can we close their road to do litter picking?'"
Other councillors have suggested that signs could be placed alongside roads which are hotspots for littering to deter motorists from doing so.
LATEST DEVELOPMENTS:
Littering fines were increased in 2017 to fine drivers up to £150
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In 2017, Theresa May's Conservative Government introduced new measures to tackle littering by increasing the maximum fine to £150.
Former Environment Minister Thérèse Coffey said: "Littering blights our communities, spoils our countryside and taxpayers’ money is wasted cleaning it up.
"Throwing rubbish from a vehicle is just as unacceptable as dropping it in the street and we will tackle this antisocial behaviour by hitting litter louts in the pocket."
