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Justification for Speed Camera and Prosecution Statistics on A40 Western Avenue at Rydal Crescent

A Freedom of Information request to Metropolitan Police Authority by Iain

The request was partially successful.

Iain

24 October 2008

Dear Sir or Madam,

I would like to understand the justification for siting a speed
camera on the A40 Western Avenue at Rydal Crescent, please provide
the statistics that led to a camera being sited here, and the post
deployment statistics showing whether an improvement in problematic
driving has occurred.

I would also like to understand how many prosecutions have been
made using this camera in the last 36 months, and the minimum speed
at which a prosecution was raised.

In addition, I wish to understand the use to which monies raised
from this camera are put.

Lastly, please could you inform me what the criteria is for drivers
being offered
the option of a speed awareness course, rather than being given
points on
their license, when they are caught speeding.

Could you also please tell me how many drivers caught speeding by
this camera have offered a course compared to those fined and
points on their license.

Yours faithfully,

Iain

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Yvonne Peart
Metropolitan Police Authority

30 October 2008

Thank you for your request under the Freedom of Information Act 2000. The Authority does not hold the information that you have requested. I have therefore transferred your request to the Metropolitan Police Service (MPS). You should receive a response from the MPS in due course.

Yvonne Peart
Information Officer
Metropolitan Police Authority

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Iain left an annotation (2 November 2008)

OK thanks, i'll wait to here from the Metropolitan Police Service.

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Metropolitan Police Authority

3 November 2008

Dear Iain,

Freedom of Information Request Reference No: 2008110000014
I write in connection with your request for information which was
received by the Metropolitan Police Service (MPS) on 30 October 2008. I
note you seek access to the following information:

* I would like to understand the justification for siting a speed
camera on the A40 Western Avenue at Rydal Crescent, please provide
the statistics that led to a camera being sited here, and the post
deployment statistics showing whether an improvement in problematic
driving has occurred.
* I would also like to understand how many prosecutions have been made
using this camera in the last 36 months, and the minimum speed at
which a prosecution was raised.
* In addition, I wish to understand the use to which monies raised from
this camera are put.
* Lastly, please could you inform me what the criteria is for drivers
being offered the option of a speed awareness course, rather than
being given points on their license, when they are caught speeding.

* Could you also please tell me how many drivers caught speeding by this
camera have offered a course compared to those fined and points on
their license.

Your request will now be considered in accordance with the Freedom of
Information Act 2000 (the Act). You will receive a response within
the statutory timescale of 20 working days as defined by the Act,
subject to the information not being exempt or containing a reference
to a third party. In some circumstances the MPS may be unable to
achieve this deadline. If this is likely you will be informed and
given a revised time-scale at the earliest opportunity.

Some requests may also require either full or partial transference to
another public authority in order to answer your query in the fullest
possible way. Again, you will be informed if this is the case.

Your attention is drawn to the attached sheet which details your right
of complaint.

I would like to take this opportunity to thank you for your interest
in the MPS.

Should you have any further inquiries concerning this matter, please
write or contact K Simmons via the e-mail address at the top of this
letter, quoting the reference number above.

Yours sincerely

K.Simmons
Policy and Support Officer
COMPLAINT RIGHTS

Are you unhappy with how your request has been handled or do you think
the decision is incorrect?

You have the right to require the Metropolitan Police Service (MPS) to
review their decision.

Prior to lodging a formal complaint you are welcome and encouraged to
discuss the decision with the case officer that dealt with your
request.

Ask to have the decision looked at again ***

The quickest and easiest way to have the decision looked at again is
to telephone the case officer that is nominated at the end of your
decision letter.

That person will be able to discuss the decision, explain any issues
and assist with any problems.

Complaint

If you are dissatisfied with the handling procedures or the decision
of the MPS made under the Freedom of Information Act 2000 (the Act)
regarding access to information you can lodge a complaint with the MPS
to have the decision reviewed.

Complaints should be made in writing and addressed to:

FOI Complaint
Public Access Office
PO Box 57192
London
SW6 1SF

In all possible circumstances the MPS will aim to respond to your
complaint within three months.
The Information Commissioner

After lodging a complaint with the MPS if you are still dissatisfied
with the decision you may make application to the Information
Commissioner for a decision on whether the request for information has
been dealt with in accordance with the requirements of the Act.

For information on how to make application to the Information
Commissioner please visit their website at
www.informationcommissioner.gov.uk. Alternatively, phone or write to:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Phone: 01625 545 700

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Metropolitan Police Authority

5 November 2008

Dear Sir/Madam,

Freedom of Information Request Reference No: 2008110000014

I write in connection with your request for information which was received
by the Metropolitan Police Service (MPS) on 30 October 2008. I note you
seek access to the following information:

1. I would like to understand the justification for siting a speed camera
on the A40 Western Avenue at Rydal Crescent,
2. please provide the statistics that led to a camera being sited here,
and the post deployment statistics showing whether an improvement in
problematic driving has occurred.
3. I would also like to understand how many prosecutions have been made
using this camera in the last 36 months, and...
4. the minimum speed at which a prosecution was raised.
5. In addition, I wish to understand the use to which monies raised from
this camera are put.
6. Lastly, please could you inform me what the criteria is for drivers
being offered the option of a speed awareness course, rather than
being given points on their license, when they are caught speeding.

7. Could you also please tell me how many drivers caught speeding by this
camera have offered a course compared to those fined and points on
their license.

DECISION

With regard to questions 1 and 2, above, this information is not held by
the MPS but may be held by Transport for London (TfL). I have referred
these two questions to Transport for London, Customer Services, Zone 4G7,
Palestra, 197 Blackfriars Road, London SE1 8NJ -
[email address]

With regard to question 5, above, any monies received by Her Majesty's
Courts Service in respect of fixed penalties or fines resulting from the
activation of safety cameras are passed to The Treasury. This revenue is
not ring-fenced for any particular purpose.

With regard to questions 3, 4, 6 and 7, above, having located and
considered the relevant information, I am afraid that I am not required by
statute to release the information requested. This letter serves as a
Refusal Notice under Section 17 of the Freedom of Information Act 2000
(the Act).

REASONS FOR DECISION

Section 17 of the Act provides:

(1) A public authority which, in relation to any request for
information, is to any extent relying on a claim that any provision in
part II relating to the duty to confirm or deny is relevant to the request
or on a claim that information is exempt information must, within the time
for complying with section 1(1), give the applicant a notice which-

(a) states the fact,
(b) specifies the exemption in question, and
(c) states (if that would not otherwise be apparent) why the
exemption applies.

Section 31 of the Act states: "information is exempt if its disclosure
under this Act would, or would be likely to:
a) Prejudice the prevention or
detection of crime
b) The apprehension or
prosecution of offenders
c) The administration of
justice"

Section 38 of the Act states: "information is exempt if its disclosure
under this Act would, or would be likely to:

a) endager the physical or
mental health of any individual, or
b) endanger the safety of any
individual"
Harm Test
In considering whether or not this information should be disclosed, I have
considered the potential HARM that could be caused by disclosure.
Public interest considerations favouring disclosure
Awareness of the number of activations of an individual safety camera, the
activation threshold and the speeds at which speed awareness workshops may
be offered could assist individuals in gaining an understanding of road
safety in areas where cameras are routinely deployed. This would help them
gain awareness regarding road safety issues.
Public interest considerations favouring non-disclosure
Information released under the Freedom of Information Act (2000) is
released into the public domain, not just to the individual requesting the
information. While individual requests for site specific safety-camera
data or enforcement thresholds may pose no threat to the prevention or
detection of crime or to public safety, it is possible that subsequent
requests of a similar nature could enable camera deployment and
enforcement patterns to be plotted.

In these circumstances the information requested may enable individuals to
draw conclusions about the likelihood of being caught on camera at
different sites. If numbers of offence detections and enforcement
thresholds were released it may enable the public to predict likely
camera deployment patterns . This could potentially lead to individuals
making decisions about where and by how much it is and is not "safe" to
speed.
Balancing Test

After weighing up the competing interests I have determined that the
disclosure of the above information would not be in the public interest.
I consider that the benefit that would result from the information being
disclosed does not outweigh disclosing information relating to numbers and
details of detections at an individual safety camera location and
enforcement thresholds.
COMPLAINT RIGHTS

If you are dissatisfied with this response please read the attached paper
entitled Complaint Rights which explains how to make a complaint.

Should you have any further inquiries concerning this matter, please
contact me on 0207 230 1333 or at the address at the top of this letter,
quoting the reference number above.

Yours sincerely

Jon Plant
Senior Operations Manager

COMPLAINT RIGHTS

Are you unhappy with how your request has been handled or do you think the
decision is incorrect?

You have the right to require the Metropolitan Police Service (MPS) to
review their decision.

Prior to lodging a formal complaint you are welcome and encouraged to
discuss the decision with the case officer that dealt with your request.

Ask to have the decision looked at again -

The quickest and easiest way to have the decision looked at again is to
telephone the case officer that is nominated at the end of your decision
letter.

That person will be able to discuss the decision, explain any issues and
assist with any problems.

Complaint

If you are dissatisfied with the handling procedures or the decision of
the MPS made under the Freedom of Information Act 2000 (the Act) regarding
access to information you can lodge a complaint with the MPS to have the
decision reviewed.

Complaints should be made in writing and addressed to:

FOI Complaint
Public Access Office
PO Box 57192
London
SW6 1SF

In all possible circumstances the MPS will aim to respond to your
complaint within three months.

The Information Commissioner

After lodging a complaint with the MPS if you are still dissatisfied with
the decision you may make application to the Information Commissioner for
a decision on whether the request for information has been dealt with in
accordance with the requirements of the Act.

For information on how to make application to the Information Commissioner
please visit their website at www.informationcommissioner.gov.uk.
Alternatively, phone or write to:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Phone: 01625 545 700

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Metropolitan Police Authority

2 December 2008

Our ref: 1002214812

Date: 02-Dec-08

Dear Iain

Thank you for your email of 24 October 2008, which was passed to TfL by
the Metropolitan Police on 4 November. You asked for information about the
speed camera on A40 Western Avenue at Rydal Crescent.

The Metropolitan Police have asked TfL to respond to your first request,
as detailed below. Your request has been considered under the requirements
of the Freedom of Information Act and I can confirm that TfL does hold the
information you require. I understand that the police will respond to the
remainder of your request seperately.

You asked ***.....please provide the statistics that led to a camera being
sited here and the post deployment statistics showing whether
an improvement in problematic driving has occurred.***

1. The first point to make is that when the camera was installed the
A40 Western Avenue was managed and maintained by the Highways Agency. The
road is now the responsibility of TfL.

2. We understand that the Highways Agency took the decision to reduce
the speed limit on the A40 Western Avenue east of Rydal Crescent, to 40
mph.

3. The Highways Agency took the decision to install speed cameras to
enforce the lower speed limit.

4. The eastbound camera located on the A40 Western Avenue near Rydal
Crescent was installed in March 1999.

5. The decision to install this speed camera was not based on the same
criteria as the LSCP now applies to new installations.

6. On the A40 Western Avenue between Rydal Crescent and the Hanger Lane
gyratory, between January 1995 and December 1997 there were 2 fatal
collisions, 8 serious collisions and 43 collisions resulting in slight
injuries.

7. In the 36 months after the camera was installed near to Rydal
Crescent and, we believe the speed limit was reduced, there was 1 fatal
collision, 5 serious collisions and 30 slight collisions.

8. The eastbound speed camera located near to Lynwood Road was
installed in October 1992.

If this is not the information you are looking for please contact Gilmore
Barrett, Correspondence Support Manager - London Streets at
[1][email address].

If you are not satisfied with this response, please read the help-sheet
below entitled ***Your Right to Appeal***.

Any copyright in the material provided with this response is owned by TfL
or one of its subsidiary companies unless otherwise stated. The disclosure
of information does not give the person or organisation who receives it an
automatic right to re-use it in a way that would infringe copyright (for
example, by making multiple copies, publishing and issuing copies to the
public). Brief extracts of the material may be reproduced under the fair
dealing provisions of the Copyright, Designs and Patents Act 1998
(sections 29 and 30) for the purposes of research for non-commercial
purposes, private study, criticism, review and news reporting.

Yours sincerely

Patricia Mitchell

Head of Customer Services

Your Right to Appeal

Internal Review

If you are dissatisfied with the way TfL has handled your information
request, you can ask us to conduct an internal review of our decision.

The internal review will be conducted by someone other than the person who
made the original decision, in accordance with the complaints procedure
published on our website at [2]www.tfl.gov.uk/foi.

Requests for internal review should be addressed to:

Head of Information Access and Compliance

6^th Floor Windsor House

42 *** 50

Victoria Street

London

SW1H 0TL

Complaints to the Information Commissioner

If, following the internal review, you remain dissatisfied with the way
TfL has handled your request, then you can take your complaint to:

Information Commissioner***s Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

A complaint form is available on the Information Commissioner***s Office
website

[3]www.ico.gov.uk

DO NOT DELETE.............................
{ticketno:[30938]}
DO NOT DELETE.............................

References

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2. http://www.tfl.gov.uk/foi
3. http://www.ico.gov.uk/

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Iain

25 January 2009

Dear Sir or Madam,

OK thanks, so am I correct in my interpretation of your note that
the need for this camera, and the speed limit around it has not
been reviewed since at least 1999?

Yours sincerely,

Iain

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Metropolitan Police Authority

25 January 2009

Thank you for your email. We can confirm that this has now been received.

For further information go to [1]www.tfl.gov.uk

 

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