Sleeping in vehicles 586/2022

FOI Reference: 586/2022

Request 1 - 13:

1. Please clarify your policy regarding overnight sleeping in vehicles on the highway, road verge, lay-by, or car park, specifically Campervans/part conversions, Motor homes and HGV commercials.

 

2. Please provide details of law/s used to enforce this policy.

 

3. What areas, ie districts/specific roads/car parks are covered by this law and which are not?

 

4. Who is responsible for enforcing this policy?

 

5. What powers are available to them?

 

6. What is the step by step method of dealing with a vehicle suspected of having been slept in?

 

7. What are the penalties for a proven offence, and who is liable?

 

8. With whom does the burden of proof lie?

 

9. What evidence is necessary to prove an offence or innocence?

 

10. What safeguards are in place to ensure that the principles of the Vagrancy act are not improperly applied to Gypsies and travellers or people who can give good account?. As specified in amendment s4

 

11. If the vagrancy act is being used, where are the reasonably accessible places of free shelter that suspected vagrants are directed to?

 

12. Are the same principles applied to drivers of HGV vehicles, required to take rest periods by law?

 

13. Are those accused of offending obliged to say anything in their defence. Which Law requires this?

I can confirm that Dyfed-Powys Police does hold part of the information requested; however the following exemption has been applied to that information:

Response 3 – 13

Section 21 – Information reasonably accessible by other means

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 -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.

The above exemption has been applied in relation to questions 3 – 13 due to the fact that the requested information is published and can be accessed via the following hyperlinks -

Road Traffic Act 1988 (legislation.gov.uk)

Vagrancy Act 1824 (legislation.gov.uk)

Response 1:

I can confirm that Dyfed-Powys Police does hold the information requested, as outlined below.

Dyfed-Powys Police does not have a specific policy regarding overnight sleeping in vehicles on the highway, road verge, lay-by, or car park, specifically Campervans/part conversions, Motor homes and HGV commercials.

Response 2:

I can confirm that Dyfed-Powys Police does hold the information requested, as outlined below.

Dyfed-Powys Police would utilise Road Traffic Legislation when dealing with such matters in the main.

                                                                                                           

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.

(This is a response under the Freedom of Information Act 2000 and disclosed on 16/09/2022)