eScooter & bike prosecutions 914/2023

FOI Reference: 914/2023

Request:

Question 1. 

How many prosecutions have taken place in the years 2020, 2021, 2022 and 2023 relating to; Illegal use of electric scooters in the force area.

Question 2. 

How many checks have been undertaken on E bikes to ensure they confirm with UK legality

Question 3. 

If none to the above, why or what other action has been taken.

Question 4.

Finally what is your policy regarding the illegal use of E scooters and bikes and what actual action will/do you plan to take in the future.

Response:

Section 1 of the Freedom of Information Act 2000 places two duties on public authorities. Unless exemptions apply, the first duty at Section 1(1) (a) is to confirm or deny whether the information specified in a request is held. The second duty at Section 1(1) (b) is to disclose information that has been confirmed as being held.

Where exemptions are relied upon Section 17 of the Freedom of Information Act 2000 requires Dyfed-Powys Police, when refusing to provide such information (because the information is exempt) to provide you the applicant with a notice which:

(a) states that fact,

(b) specifies the exemption in question and

(c) states (if that would not otherwise be apparent) why the exemption applies.

I can confirm that Dyfed-Powys Police does hold the information you have requested. However, we are withholding the whole of the requested information since we consider that the Section 12(1) exemption the Cost of Compliance exceeds the Appropriate Limit applies to it.

Section 12 (1) – The cost of compliance exceeds the Appropriate Limit

Section 12(1) states: “…Section 1 (1) does not oblige a public authority to comply with a request for information if the authority estimates that the cost of complying with the request would exceed the appropriate limit.”

The cost of providing you with the information requested in respect of your request is above the amount to which we are legally required to respond i.e. the cost of locating and retrieving the information exceeds the “appropriate level” as stated in the Freedom of Information (Fees and Appropriate Limit) Regulations 2004. It is estimated that it would exceed 18 hours (i.e. minimum 271.41 hours) to comply with this part of your request. The regulations can be located @ https://www.legislation.gov.uk/uksi/2004/3244

In relation to your Q1-3 of your request there is no vehicle type category specifically for e-scooters and the system used to record traffic offense reports or collision reports is unable to carry out a keyword search therefore all relevant records within the specified timeframe, would require an individual interrogation in order to establish whether or not the information requested is recorded.

It has been established that there are a total of 3,257 records that would require individual interrogation and it has been estimated that it would take a minimum of 5 minutes to research each individual record. The relevant time estimate is detailed below:

2020: 2,116 prosecutions x 5 minutes to read each file = 176.33 hours

2021: 1,141 prosecutions x 5 minutes to read each file = 95.08 hours

With a total time estimate of 271 hours.

Although excess cost removed the force’s obligations under the Freedom of Information Act, as a gesture of goodwill, I have supplied information, relative to your request, retrieved or available before it was realised that the fees limit would be exceeded. I trust this is helpful, but it does not affect our legal right to rely on the fees regulations for the remainder of your request.

Please note: In regards to Q4, the following information is provided:

Regarding the policy regarding the illegal use of E scooters and bikes – There is no specific policy regarding the use of e-scooters. However, Roads Policing Officers are sighted and very much aware of the legislation surrounding the use of e-scooters and bikes. Where they are seen being used and they do not have the requisite construction and use requirements and or documentation such as insurance, positive action is taken, which includes seizure of the e-scooter or e-bike.                                              

It should be noted that as a result of the systems adopted by Dyfed-Powys Police in relation to the recording of such information that the information released may or may not be accurate.

Furthermore, it should also be noted that Police forces in the United Kingdom are routinely required to provide crime statistics to government bodies and the recording criteria is set nationally. However, the systems used for recording these figures are not generic, nor are the procedures used locally in capturing the crime data. It should be noted that for these reasons this force's response to your questions should not be used for comparison purposes with any other response you may receive.

(This is a response under the Freedom of Information Act 2000 and disclosed on 23/01/2024)