M606 2+ Car Sharing Lane Prosecutions

Ellie Collier made this Freedom of Information request to Department for Transport

The request was refused by Department for Transport.

From: Ellie Collier

5 June 2009

Dear Sir or Madam,

Under the Freedom of Information Act I would like to know since the
implementation of the 2+ person car sharing lane on the M606
Bradford:

A)how many people have been fined or prosecuted for driving with a
single person in the car in the 2+ lane.

B)what legislation a 2+ lane is governed by?

Yours faithfully,

Ellie Collier

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From: Hart, James

15 June 2009

Dear Ms Collier

Thank you for the attached e-mail regarding enforcement on the M606 Car
Share Lane I enclose our response.

A) Enforcement on the trunk road network is the responsibility of the
police, consequently, the Agency does not hold data on the number of
non-compliance offences that may have been prosecuted. I have
therefore passed your query onto to the West Yorkshire Police who will
provide you with the information you have requested. Should you need to
contact them their number is 0845 6060606.

B) The Car Share lane is governed by the Road Traffic Regulation Act 1984.

I hope this is helpful.

James Hart
Highways Agency | Lateral | 8 City Walk | Leeds | LS11 9AT
Tel: +44 (0) 113 2835371 | Fax: + 44 (0) 113 2836523
Web: [1]http://www.highways.gov.uk
GTN: 5173 5371

Safe roads, Reliable journeys, Informed travellers
Highways Agency, an Executive Agency of the Department for Transport.

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Department for Transport

15 June 2009

Dear Ms Collier,

We do not provide information to any unsecured/unknown source under the
Data Protection Act. If you wish to enquire about a specific incident, then
please contact us on 0845 6060606 or request the information via our
website www.westyorkshire.police.uk.

West Yorkshire Police
Communications Division

_________________________________________________

LOCAL POLICE UPDATES: Use your postcode to read local news from your
Neighbourhood Policing Team, and sign up for free email updates,
on http://www.westyorkshire.police.uk/npt

This email carries a disclaimer, a copy of which may be read at
http://www.westyorkshire.police.uk/email...

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Richard Taylor left an annotation (20 June 2009)

I do not believe the Data Protection Act prevents the police from releasing the kind of statistical information sought. I do not believe the request ought to have been refused on the basis of it asking for "personal information" as defined by section 40 of the freedom of information act. In any case the response ought to have made clear which of the exemptions in the freedom of information act were being relied upon to justify refusing the request. I think there are good grounds for requesting an internal review.

Making a new request, directly to West Yorkshire Police, might is another option. As some of the exemptions which could potentially be claimed are subject to a public interest test, it might be worth explicitly stating in any further request why you consider the release of this information to be in the public interest.

A report on the operation of this lane is due in the summer, (http://www.theyworkforyou.com/wrans/?id=...)so it is possible that the exemption for information intended for future publication might be invoked.

It appears to me that the internal systems within West Yorkshire Police may not have succeeded in ensuring this request has been dealt with by those who usually deal with freedom of information act requests. I would suggest making a new request via:

http://www.whatdotheyknow.com/body/west_...

A link to the correspondence on this page could be included.

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phil left an annotation (13 July 2009)

I also believe that the Data Protection Act can not be used to withhold the information requested which is statistical data and not personally identifying.

The request should be dealt with properly, the above response is unacceptable.

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