Is Throwing Trash Out of a Car Window Illegal? Fines, Consequences, and Who’s Responsible

Throwing trash out of a car window, commonly referred to as littering from a moving vehicle, involves the disposal of waste material from a car by a driver or passenger while driving on a road. This act can be perilous for other road users. According to an AAA study, between 2011 and 2014, road debris caused more than 200,000 collisions, resulting in 39,000 injuries and 500 fatalities. 

Beyond the safety implications, throwing trash out of a window can also raise serious environmental and legal concerns. It is therefore not surprising that it is considered illegal and can attract fines and time in prison.

Is Throwing Trash Out of a Car Window Illegal?

Throwing any kind of waste or litter out of a car window is illegal and could get you in trouble with the law in many US states and countries in the world. These litters could be garbage, refuse, trash, disposable packages, containers, food, cans, wire, nails, bottles, glass, paper, ashes, cigarette or cigar butts, or even the carcass of dead animals.

In California, throwing trash out a car window is illegal under the California Code, Vehicle Code - VEH § 23112. Doing so can attract a mandatory fine of not less than two thousand dollars ($2,000).

Per Tex. Health & Safety Code §365.012, you can also get into trouble with the law in Texas for throwing trash out a car window, although residents are allowed to toss liquid from a drink out the window. You can get a fine of up to $500, jail time of up to 30 days, or both for first-time offenders. You have a similar story in New York, where you could get $1000 and spend up to 15 days in jail for littering as stipulated in N.Y. Vehicle and Transit Law §1220.

Throwing trash out of a car window is also considered a crime internationally. In neighboring Canada, fines range from $100 to $10,000. In the UK, you can be fined up to £150. In Switzerland and Germany, that could go up to 300 Swiss francs and €300, respectively. Ireland's punishment is much more steep €5,000 or 12 months in prison. 

What Is Considered Littering from a Car?

Not everything that is thrown out a window is legally considered litter. While it is up to the city or state law to determine what is litter, items such as food waste or biodegradable trash are generally not considered litter. In any case, it is better to avoid throwing anything out the window of a car.

Common Items That Are Considered Littering

Throwing out the following items out a car window is considered littering:

• ashes
• automobile parts 
• boxes
• cans 
• cartons 
• cigarette butts
• food containers
• furniture
• garbage
• glass
• paper 
• plastic bottles
• rubbish 
• trash 
• waste 
• wire
• wrappers

Also, anything else of an unsightly or unsanitary nature could be considered litter when thrown out a car window. These items attract the most fines because they can cause accidents that can lead to the death and injury of road users. For example, broken bottles can damage car tires and wrappers can cover the windshield and reduce the visibility of the driver. Also, due to their non-biodegradable nature, they can have huge environmental consequences.

Items That Might Not Be Considered Littering (But Can Still Get You Fined)

In some cases, drivers may still be penalized for discarding items that do not legally qualify as littering. For example, drivers may get fines for: 

• Inappropriately disposing of items that are not considered littering, 
• Unintentional littering, 
• Disposing of organic trash, such as fruit peels and biodegradable materials.

Fines and Penalties for Littering from a Vehicle

Penalties for littering vary by state and can range from minor fines to serious legal consequences, including jail time, depending on factors such as whether it is a first-time or repeat offense.

How Much Are the Fines for Throwing Trash Out of a Car?

State			Fines
Alabama			First conviction: $500 minimum fine.  Subsequent convictions: $1,000 fine and up to 100 hours of community service.
Alaska			$50 fine for citations issued by a peace officer $1,000 fine
Arizona			$2,500 fine
Arkansas			First conviction: $100 and $1,000 fine Subsequent convictions: $200 and $2,000 fine
California			First conviction: $100 and $1,000 fine  Second conviction: $500 and $1,000 fine Subsequent convictions: $750 and $1,000 fine
Colorado			First conviction: $20 and $500 fine  Second conviction: $50 and $1,000 fine  Subsequent convictions: $100 and $1,000 fine
Connecticut			$199 fine
Delaware			First conviction: $50 fine and up to eight hours of community service.  Second conviction within two years: $75 fine and up to 25 hours of community service.
Florida			$150 - $1000 fine
Georgia			$1000 fine
Hawaii			$500 - $1000 fine
Idaho			$150 - $300 fine
Illinois			First conviction: $1,500 fine Second conviction: $1,500 fine Subsequent convictions: $25,000 fine
Indiana			$1000
Iowa			No fines, litter cleanup
Kansas			First conviction: $250 and $1,000 fine  Second conviction: $1,000 and $2,000 fine Third conviction: $2,000 and $4000 fine
Kentucky			$500
Louisiana			First conviction: $900 fine  Second conviction: $2,000-2,500 fine Subsequent convictions: $3,000 –10,000 fine
Maine			First conviction: $100 and $500 Subsequent convictions: $200 and $2000
Maryland			$1500 fine
Massachusetts			First conviction: $5,500 fine  Subsequent convictions: $15,000 fine
Michigan			$800
Minnesota			$400
Mississippi			First conviction: $50 and $250 fine Subsequent convictions: minimum and maximum fines doubled.
Missouri			$1000
Montana			$200
Nebraska			First conviction: $500 fine Second conviction: $1,000 fine Subsequent conviction: $1,000 fine
Nevada			$1000
New Hampshire			$2000
New Jersey			First conviction: $100 and $500 fine A second conviction within six months: $250 and $1,000 fine
New Mexico			$50
New York			First conviction: $350 fine Second conviction s: $700 fine
North Carolina			$250 - $1,000
North Dakota			$200 - $1500
Ohio			No specified fines, litter cleanup
Oklahoma			$500 - $5000
Oregon			$6250
Pennsylvania			First offense: $50 and $300 fine Subsequent offenses: $300 and $1,000 fine
Rhode Island			First conviction: $85 and $500 fine  Subsequent convictions: $300 and $500 fine
South Carolina			$50 - $150
South Dakota			$500 - $1000
Tennessee			$50
Texas			$500 - $10000
Utah			$100
Vermont			$200
Virginia			$500 - $2000
Washington			$50 - $5000
West Virginia			$100 - $2500
Wisconsin			$500 - $1000
Wyoming			$750 - $1000

Can Littering Lead to Jail Time?

Some states treat severe littering offenses as misdemeanors or even felonies, leading to jail time, community service, or probation. The jail sentence that an offender may receive for littering in different states includes:

• Georgia - up to one year
• Idaho - up to ten days
• Illinois - between one to three years 
• Louisiana - up to 30 days
• Minnesota - unspecified jail time
• Missouri - 15 days
• Nebraska - 3 months - one year
• Nevada - 6 months
• North Dakota - 30 days imprisonment
• Oklahoma - up to 30 days
• Oregon - one year
• Pennsylvania - 90 days
• Tennessee - 30 days
• Texas - one year
• Virginia - one year

Littering has real-life consequences. In 2023, 30 people were arrested in Knox County, Tennessee for littering-related charges. The county also issued 25 citations and 15 warnings.

Additional Consequences: License Points and Insurance Rates

Many states, like New York, New Jersey, Pennsylvania, and California, operate a formal point system. Some states add points to a driver’s license for littering, which can lead to license suspension. For example, in Florida, a penalty of three points is recorded on the violator’s driver’s license. In Maryland, Louisiana, and Massachusetts, littering may get your license suspended.

Littering tickets, like other traffic tickets, could increase your insurance rates. The specific increment is dependent on your unique policy. If you get a littering ticket, it is possible that your insurance company won't tell you if your premiums will increase. Generally speaking, insurance companies that boost rates because of a traffic ticket do so for three to four years following the conviction. So it is important to avoid such tickets, as they could have far-reaching consequences.

Who’s Responsible for Littering from a Car? The Driver or Passenger?

Liability for throwing trash out of a car window varies by state. In some cases, the driver is responsible for littering regardless of who threw the trash, while in others, the passenger is held accountable. In California, New York, Texas, and most states, littering in a car can result in fines for both drivers and passengers. 

However, states like Arkansas place a great deal of responsibility on the driver for littering. As its law states, if the throwing, dumping, or depositing of litter was done from a motor vehicle, except a motor bus, it shall be evidence based on first impression that the throwing, dumping, or depositing was done by the driver of the motor vehicle.

FAQ About Littering from a Car

Is Throwing Food Out of the Window Considered Littering?

Yes, it is. While food is biodegradable, it is not advisable to throw it out the car window as it can still cause harm to animals and negatively affect the environment.

Is Littering from a Car a Traffic Hazard?

Yes, littering from a car is a traffic hazard. Certain kinds of roadside trash can impede traffic, create delays, or even endanger the safety of other drivers.

What Are the Effects of Throwing Garbage Anywhere?

Throwing garbage can have adverse effects, like the following

• It can kill wildlife, with plastic litter being the most common killer of animals, especially marine animals 
• It causes pollution as litter turns into poisonous chemicals in the soil and air.
• It is a breeding ground for bacteria and diseases.
• It can be costly to get rid of.