£300 fine or £180 if paid within ten days.

[Mesterh]

It needs someone with balls to stand up to the EA otherwise we will never get anywhere.

 

I for one will not roll over and let them tickle my belly

 

Go on then I dare you to take them on.

[Mark Bolam]

F them and the horse they rode in on.

 

My WCL is for waste (utter shite that I fly-tip or burn in primary school playgrounds at break time).

 

Cord or chip is a product, and if anyone tries to make me sign any bollocks contract I will go all Raoul Moat on them.*

 

 

 

 

 

 

 

 

 

 

 

 

* Disclaimer, this is meant to be taken in a certain spirit, and should in no way affect my status regarding my suitability to hold my firearms.

[treequip]

Hi Dean

 

I agree with you in principal but it’s not about the nad’s or it would have been done a long time ago.

 

Most people simply don’t have the cash to take this to the higher courts needed to set a precedent. If you lost you would have your own costs and likely the prosecution’s as well. That’s sell your house territory.

 

Andy

[Tom@EVA]

Anything that you carry that can be sold/is a product, i.e. Wood whether logged or not and wood chip is not waste and cannot be deemed so by the EA. I know people who have argued this and won. Other waste requires you to have a waste carriers licence AND a waste transfer note (piece of paper with address where it came from etc. on it. ) They can also be a*seholes about weight as its easy to overload a tranny with woodchip!

[18 stoner]

Anything that you carry that can be sold/is a product, i.e. Wood whether logged or not and wood chip is not waste and cannot be deemed so by the EA. I know people who have argued this and won.

 

Hi Tom, any chance you have a reference, link or some kind of proof of this?

 

Would be very helpful:thumbup:

[ecolojim]

unfortunately from what ive read so far, the EA deems 'waste' to remain waste until the point at which it is fully utilised, and that waste can have a purpose and can be bought and sold, so we may be on a hiding to nothing!

 

Im looking at it in the same way as demolition waste being pulverised into a saleable crushed aggregate, but im not sure that's going to get the answer we want either

[Dean Lofthouse]

Demolition waste is processed on site nowadays

 

Arb waste is processed on site

 

and if prosecution did take place, I dont think it would get to court stage let alone High court, so my house is safe.

 

The guidelines are so unclear it would not get to court and even if it did I would only suffer a £300 fine and around the same in costs

 

Does anyone know of any tree surgeon actually being taken to court ?

 

I dont reckon there has been, they rely on scaring you into buying a license

[Dean Lofthouse]

What I now am going to do is carry a dictaphone in the landrover at all times, then if I do get pulled, I will tell the ea official my stance on the WCL and that I am recording any following conversations for use in court

[blazer]

Is this all about 'tax dodging spikies' fly tipping etc? a friend has been stopped x5 times recently towing a trailer full of scrap metal locally from his workshop to the scrap yard in a rural area. When I took my old caravan to a farm with my old L200 with the hitch too high, yep it looked classic spikey, a cop car passed me the opposite way with an look of total hate on his face.

 

Yes, it's the law but are they being 'selective' in who to apply it against.

 

With so many contractors transporting wood waste - how many have actually been stopped & fined for not having the right paper work?

 

If that's the case are the 'fuzz' doing a good job by trying to run the cowboys out of tree work?

 

Just a thought.

Edited November 4, 2010 by blazer

[Gareth Dalzell]

http://www.ni-environment.gov.uk/waste_management_the_duty_of_care_-_a_code_of_practice.pdf

 

This is the code of practice that we work to. There is definitely room for a test case here. Its one of those vague documents that would be worth a punt in court. When it takes about product that you "intend to discard" now there's a perfect point to contest - I would like to think we re-use all our product, be it chip. logs or plankable timber. Now where do you buy those dictaphones Dean?