policy and procedure

Dear Mr Baker

I write in connection with your request for information which was received
by this office on June 4, 2009. I understand you are requesting the
following information:

ive been looking into the universal human
rights act and it states that i have the freedom to travel in my
country and outside of my country 'country meaning england' and ive
been looking into the dvla and it says a licensed person 'there are
many legal definitions of person' must have a vehicle tax but it
doesn't clarify about if i dont have a license and am not using my
vehicle in commerce i.e for buying selling or trading as is the
definition of a driver!so in that understanding then if i dont have
a license then i dont fall into the category of a driver if im not
using my vehicle to enter into commerce then i dont need to have
vehicle tax. is this true? and what is your company policy on
unregistered unlicensed and untaxed vehicles and travelers?

Your request will be considered in accordance with the Freedom of
Information Act 2000. You should expect to be sent a response within the
statutory limit of 20 working days, subject to the provisions of the Act.

Should you have any further inquiries concerning this matter, please
contact me quoting my reference number as above.

Yours sincerely

sent on behalf of

Georgina Kemp (56133)
Freedom of Information Assistant Officer
Tel 01392 452839 (22839)
[email address]
Freedom of Information Dept
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References

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Dear Mr Baker

I write in connection with your request for information dated June 3, 2009
which was received on June 4, 2009. I understand you are requesting the
following information:

hello I've been looking into the universal human rights act and it states
that I have the freedom to travel in my country and outside of my country
'country meaning England' and I've been looking into the dvla and it says
a licensed person 'there are many legal definitions of person' must have a
vehicle tax but it doesn't clarify about if I don't have a license and am
not using my vehicle in commerce i.e. for buying selling or trading as is
the definition of a driver!

* So in that understanding then if I don't have a license then I don't
fall into the category of a driver if I'm not using my vehicle to
enter into commerce then I don't need to have vehicle tax. is this
true?

* what is your company policy on unregistered unlicensed and untaxed
vehicles and travellers?

I regret to inform you that the first part of your request is not a valid
request for information under Section 8 of the Freedom of Information Act
2000. This is because this part of your request is not asking for written
information which is held by Devon and Cornwall Constabulary, it asks
questions and for opinions.
Under the Freedom of Information Act you can request any information,
documentation or records that are held, in some physical form, by the
public authority.
For instance if you asked for a report on a particular subject we would
consider this a valid request.

With regard to the second part of your request please see the following:

Decision
Pursuant to the provisions of Section 14 of the Freedom of Information Act
2000 (the Act) I have decided to refuse this part of your request as it
has been deemed a `Repeated Request'.

Reason for Decision
Section 14(2) of the Act provides:

Where a public authority has previously complied with a request for
information which was made by any person, it is not obliged to comply with
a subsequent identical or substantially similar request from that person
unless a reasonable interval has elapsed between compliance with the
previous request and the making of the current request.

Our records indicate that Devon & Cornwall Constabulary complied with your
current request on June 06. 2009. It is clear that a `reasonable
interval' has not elapsed between your requests.

Complaint Rights
You have the right to ask us to review this decision. If you wish us to
review this decision please set out your grounds for review in writing and
send them to the Head of Information Management, Information Management
Department, Devon & Cornwall Constabulary, Middlemoor, Exeter, EX2 7HQ,
Devon.

You also have the right to appeal to the Information Commissioner at
Commissioner's Officer, Wycliffe House, Water Lane, Wilmslow, Cheshire,
SK9 5AF, telephone 01625 545700.

Yours sincerely

Georgie

Georgina Kemp (56133)
Freedom of Information Assistant Officer
Tel 01392 452839 (22839)
[email address]
Freedom of Information Dept
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References

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