Dear Mr Jones

FREEDOM OF INFORMATION ACT 2000

I refer to your e-mail of 24^th September 2009 in which you asked for clarification with regards to some points contained in my letter of 23^rd September. As in my original response, I have reproduced your questions within the body of the letter, and placed VOSA's reply next to them in red.

You claim (1) that the purpose of VOSA Traffic Enforcement Vehicles is "to stop vehicles for inspection under section 67 of the Road Traffic Act", but the act clearly states: (Sect 67(3) "A vehicle shall not be required to stop for a test except by a constable in uniform". Surely a VOSA employee is not a constable? The Community Safety Scheme gives these examiners the same powers as a constable in uniform, by virtue of sections 40 and 41 of the Police Reform Act (2002)

You claim (2) that your vehicles have no sirens or blue flashing lights - how would a vehicle without such equipment actually stop moving traffic? The vehicles are clearly sign written and have roof bar matrix which give instruction. Additionally they have amber lights to draw attention to the vehicle.

You claim (5) that VOSA personnel carry warrant cards clearly informing what their powers are - please explain to me what powers are listed on these cards, and who they work for. The warrant card states that the Secretary of State for Transport appoints the holder to be an examiner for the purpose of carrying out the functions specified in Section 66(A) of the Road Traffic Act 1988. In pursuance of section 137 of the Road Traffic Act 1988 authorises the holder a) to exercise the power under subsection (1) and (2) of that section to require a person to whom a certificate has been issued or a licence granted to produce that certificate or licence, and to exercise the power under subsection (2) of that section to seize a certificate or licence and deliver it to the registrar.

Finally it authorises the holder a) to institute, conduce and appear in proceedings in a Magistrate's Court on his behalf and b) in pursuance of section 49 pf the Vehicle Excise and Registration Act 1994 and without prejudice to the generality of sub-paragraph (A) above, more particularly to conduct and appear in proceedings in a Magistrate's Court under Section 29, 35 or 37 of that Act on his behalf.

You claim (12) that your officers are "warranted" - please explain what this means. This means that they are authorised, by the Secretary of State for Transport to carry out the functions listed on their warrant cards.

If you have any queries about this letter, please contact us, quoting reference F0002154.

Yours sincerely

VOSA Information Access

From: Information Access

[email address]

Information Access Team Berkeley House

Croydon Street

Bristol

BS5 0DA

Tel: 0300 123 9000

Fax: 0117 954 2546

Our Ref: F0002154

Date: 29^th September 2009

Michael Jones

[email address]

By E-mail