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FOI Reference: 538/2023
Request:
Clarification:
The applicant was asked if they wished to know the number of people who were stopped by an officer and then found guilty at court for speeding? Or did they wish to know the number of drivers stopped by an officer and issued with a Conditional Offer ? Or both?
The applicant replied stating that they wished to know both.
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 of 164.55 hours) to comply with this part of your request. The regulations can be located @ www.legislation.hmso.gov.uk/si/si2004/20043244.htm
The Freedom of Information department has been advised that the information in respect of question 1 is not held in an easily retrievable format. In light of this and in order to accurately obtain the information relative to question 1 for the time frame stipulated would involve Dyfed Powys Police accessing and reviewing all cases where the individual has been referred to court for speeding to ascertain if they were found guilty. It has been established that there are a total of 1,662 cases that cover the period of your request. It has also been established that it would take a minimum of 3 minutes to review and obtain the information for a single case in respect of your request (as outlined above). The process outlined results in the below time estimate.
2018 = 496 cases at a minimum of 3 minutes per case = 24.80 hours
2019 = 294 cases at a minimum of 3 minutes per case = 14.70 hours
2020 = 325 cases at a minimum of 3 minutes per case = 16.25 hours
2021 = 344 cases at a minimum of 3 minutes per case = 17.20 hours
2022 = 203 cases at a minimum of 3 minutes per case = 10.15 hours
Time estimate to complete task = 83.10 hours
In addition to this question 3 of your request would also exceed the 18 hour time limit as the information is not held in an easily retrievable format. Each individuals name would need to be check against the relevant systems to ascertain if they had re-offended within the following 3 years. There are a total of 1,669 individuals that would need to be reviewed/checked at 3 mins per individual equating to 83.45 hours.
Total Time estimate to complete request (81.10 + 83.45) = 164.55 hours
Please note: In respect of the remainder of the request please see the end of the document in which responses have been provided as a gesture of goodwill and outside of the FOI Act.
In accordance therefore with the Freedom of Information Act 2000, this letter acts as a Refusal Notice for the Whole of this request under Section 17(5) A public authority which, in relation to any request for information, is relying on a claim that section 12 or section 14 applies must, within the time for complying with section 1(1), give the applicant a notice stating that fact. You may wish to refine and resubmit your request so that it reduces the time shown above to fall within the 18 hours, should you require any further advice in relation to this matter please don’t hesitate to contact the Freedom of Information Unit. Please also be advised that should the request be refined, it does not remove the public authorities right to cite exemptions if relevant.
Although excess cost removes the forces obligations under the Freedom of Information Act to provide any further information, as a gesture of goodwill, I have provided information, relative to your request which has been easily retrievable and outlined below. 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.
Question 1 (in part):
Total number of individuals stopped by an officer for speeding:
2018 - 1745
2019 - 954
2020 - 1010
2021 - 1024
2022 - 689
Total number of individuals stopped by an officer and issued with a conditional offer:
2018 – 626
2019 – 398
2020 – 411
2021 – 373
2022 – 298
Question 2:
Total number of individuals stopped by an officer and issued with a speed awareness course:
2018 – 623
2019 – 262
2020 – 274
2021 – 307
2022 – 203
Question 4:
All payments of fines are dealt with by HMCTS (His Majesty’s Courts & Tribunals Service)
Question 5:
GoSafe receives numerous requests from communities and individuals asking for speed enforcement on their roads which are not approved camera sites. Requests for enforcement are made by concerned people who fear that speeding traffic in their area will eventually result in a collision or casualty.
We have a large number of sites in both rural and urban settings across Dyfed Powys Police area. A full survey will have been considered along with evaluating combined risk factors such as:
If you have a concern about speeding in your community, please complete the relevant form and we will endeavour to respond as soon as possible.
If your enquiry or concern is regarding reducing speed limits, engineering works such as installation of traffic calming measures or the deployment of Vehicle Activated Signs (VAS) or Speed Indication Devices (SIDs) please contact your Local Authority.
Please note that due to increasing requests for enforcement, there is likely to be a significant delay in response times to submitted GoSafe Community Concern and GoSafe General Enquiry Forms.
https://www.gosafe.org/report/community-concern/
(This is a response under the Freedom of Information Act 2000 and disclosed on 04/07/23)