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FOI Reference: 891/2024
Request:
Clarification sought:-
Do you wish to know the number of people who were stopped by an officer and then found guilty at court for speeding? Alternatively, do you wish to know the number of drivers stopped by an officer and issued with a Conditional Offer ? Or both?
Clarification received:-
Both please.
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Response:
For data from May 2023 to September 2024, this would be a time estimate as it has been established that there are a total of 3,795 records that cover the period of your request, each record would have to be manually reviewed.
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 252 hours) to comply with this part of your request. The regulations can be located @ https://www.legislation.gov.uk/uksi/2004/3244
The Freedom of Information department has been advised that the information in respect of part of Question 2 of your request is not held in an easily retrievable format. In light of this and in order to accurately obtain the information relative to your request for the time frame stipulated would involve Dyfed Powys Police accessing and reviewing each record would have to be manually reviewed to ascertain to see if it relates to speeding at the location specified and what action was taken.
It has been established that there are a total of 3,795 records that cover the period of your request, It has also been established that it would take a minimum of 4 minutes to review and obtain the information for a single record in respect of your request.
The process outlined results in the below time estimate.
May 2023 – Dec 2023 – 2210 files x 4 minutes = 147.3 hours
Jan 2024 - 1st September 2024 – 1585 files x 4 minutes = 105.6 hours
TOTAL = 252.9 hours
Time estimate to complete task = 252 hours
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 question 2 of 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.
Go Safe
If the requester is only referring to the eastern section of the A40 near the junction to Llanllwch with a 50mph speed limit then Go Safe have attended at this location 72 times from 01/01/2000 to 31/08/2024.
Information in respect to the number of people caught speeding at the location is not held by Dyfed Powys Police but will be held by the Safety Camera Partnership Team at South Wales Police. The relevant contact details being available via Contact Us | GoSafe Welsh Road Casualty Reduction Partnership.
FOI requests regarding the number of speeding tickets are available via [email protected]
Dyfed Powys Police officers
Between January 2020-May 2023, there is no record of an individual having been stopped by an officer and issued with a conditional offer or being found guilty at court at the location specified. For data from May 2023 to September 2024 the above time estimate is relevant.
Further details relating to this FOI request may be available by contacting the Go Safe team via the link below:-
Contact Us | GoSafe Welsh Road Casualty Reduction Partnership
(This is a response under the Freedom of Information Act 2000 and disclosed on 27/09/2024)