Static Speed Camera locations and fines

FREEDOM OF INFORMATION ACT 2000 - INFORMATION REQUEST

FOI Request Number : 1312
Description : Static Speed Camera locations and fines

Dear Isaac Ashe

I acknowledge your request for information received on 20/05/2009.

Your request is being considered and you will receive the information requested within the statutory timescale of 20 working days as defined by the Freedom of Information Act 2000, subject to the information not being exempt or containing a reference to a third party.

If appropriate, the information may be provided in paper copy, normal font size. If you require alternative formats, e.g. language, audio, large print, etc. then please let me know.

For your information, the Act defines a number of exemptions which may prevent release of the information you have requested. There will be an assessment and if any of the exemption categories apply then the information will not be released. You will be informed if this is the case, including your rights of appeal.

If the information you request contains reference to a third party then they may be consulted prior to a decision being taken on whether or not to release the information to you. You will be informed if this is the case.

There may a fee payable for this information. This will be considered and you will be informed if a fee is payable. In this event the fee must be paid before the information is processed and released. The 20 working day time limit for responses is suspended until receipt of the payment.

If you have any queries or concerns then please contact the Business Partner(Information Management) at Leicestershire County Council, County Hall, Glenfield, Leicester, LE3 8TG, telephone 0116 305 8250, e-mail [Leicestershire County Council request email].

Further information is also available from the Information Commissioner at: Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Telephone: 01625 545 700
www.informationcommissioner.gov.uk

If you wish to contact Leicestershire County Council concerning this request please use the request number above as a reference.

Yours sincerely

Ajesh Parmar

FREEDOM OF INFORMATION ACT 2000 - INFORMATION REQUEST

FOI Request Number :1312
Description :Static Speed Camera locations and fines

Dear Isaac Ashe

I acknowledge your request for information received on 20/05/2009.

Responses to your 3 questions are shown below.

Question 1: Could you provide a breakdown of the locations of all static speed cameras within the county of Leicestershire?

Response to Q1: The information you request in Question 1 exists, though it is exempt from disclosure under Section 21 of the Act as ‘Information reasonably accessible by other means’.

The information you require is available on the internet at http://www.speedorsafety.com/speed-camer.... Please visit this web link for information on safety camera locations, casualty figures and the schedule for mobile camera van enforcement.

Question 2: Could you provide the approximate running costs of each individual static speed camera per year?

Response to Q2: The information requested in Question 2 exists, thought maybe not in a format that would convey costs broken down to level of detail of costs per individual camera.

Also, this information is also exempt under Section 21 - Information reasonably accessible by other means (available at http://www.speedorsafety.com/freedom-of-... under the heading Safety Camera Scheme Accounts - Quarterly Returns) and Section 22 - Information intended for future publication.

The running costs or accounts for 2007-2008 have been published online but are only provisional figures and currently awaiting audit. The accounts for 2008-2009 are intended for publication as soon as they are finalised and audited.

Question 3: Could you provide the number of people caught by each individual static speed camera during the previous tax year (May '08-April '09) and the revenue generated through these speeding fines by each individual static speed camera?

Response to Q3: Regarding the information requested in Question 3, although the Scheme releases information about the collective number of motorists caught speeding or running red lights at all cameras sites, site specific offence data is withheld from disclosure through the exemptions provided in the Act under Section 31 - Law Enforcement and Section 38 – Health & Safety.

EXEMPTIONS APPLIED

Section 31 Law Enforcement - parts (1) (a) (b) (c)
Information is exempt from disclosure under this section where the release of information would, or would be likely to, (a) prejudice the prevention and detection of crime, (b) the apprehension or prosecution of offenders and/or the (c) administration of justice.

Section 38 Health & Safety - parts (1) (a) (b)
This exemption may be applied where disclosure of information would, or would be likely to, endanger (a) the physical or mental health of any individual and/or (b) the safety of any individual.

This exemption applies to ‘any individual’. This may be a police officer; a member of the public, a neighbour, the applicant, the community at large, friends and relatives etc and the harm may be actual or perceived. It refers to physical, mental, emotional, psychological etc types of harm.

HARM TEST

When a request for information is made under the Act, decisions regarding disclosure are not made based on the applicant. Whatever the intentions are that underlie the request; the authority is obliged under Section 1 - General Right of Access to inform the applicant if the information is held and, if it exists, to then provide that information.

However, a Harm Test is carried out to establish whether disclosure of the information would be harmful to the public. The definition of ‘harm’ refers to physical or mental damage to an individual, a community, a service or a Body.

Once information has been disclosed to a member of the public under the Freedom of Information Act, it then must be made available to any individual. Thus, the Harm Test has to be applied and subsequently the Public Interest Test to ensure that disclosure is for the greater good of the community as a whole, and the release of information will not compromise this.

The Leicester, Leicestershire & Rutland Safety Camera generally does not release information that is site-specific but considers all applications on a case by case basis reviewing the harm of disclosure. In this case, there are a number of forms of harm that could occur should the information you have requested be released.

Section 31 has been engaged as the Scheme does not want members of the public to second-guess the likelihood of being caught at any specific site; if it is revealed that, for example, that Site A has caught 2,000 speeding offences compared with Site B which may have only detected 100 offences in one year, the information may give rise to motorists taking a chance to speed at Site B as they believe the likely-hood of the camera being operational must be low. The presence of a static speed camera serves as a deterrent for speeding; the aim is to compel motorists to comply with speed limits. The release of any kind of information that could undermine this purpose will not be released.

Section 38 is engaged as the purpose of safety cameras is to deter speeding and bring about a reduction in the number of deaths and injuries sustained through road traffic collisions at these sites which have been identified as having a history of collisions and injuries. Any information released that could lead to motorists disregarding the speed limit and speed enforcement cameras is likely to endanger the safety of road users and the surrounding community at a site that has a history of road traffic collisions resulting in death or injury.

The information requested in this instance could have an impact on operational policing. The following summarises the considerations explained above:

• To disclose to the public how many offences are detected at individual sites could seriously undermine the effectiveness of the camera and its purpose of achieving a greater level of road safety at the site. This information could reveal the likelihood of being caught and, if the information supplied indicated that the chance was low, may encourage higher speeds at the site leading to greater risk of collisions and injury.

• For speed enforcement by safety cameras to be truly effective, there must be a perception that the chances of being detected speeding at a site is high at all times. The cameras are first and foremost a deterrent for speeding.

• The information could divulge working practices that, if known, could have an impact on the health and safety of the general public

PUBLIC INTEREST TEST

Factors Favouring Disclosure

Accountability
When information disclosed relates directly to the efficiency and effectiveness of the force/Safety Camera Scheme or its officers, it is generally of benefit to the community to release information. In this case, to provide information relating to the number of offences that have been caught by each camera would provide the community with detailed information making them aware that the Safety Camera Scheme is tackling the issue of road safety through prosecuting motorists that break the law by speeding.

Public Debate
Where release of information would contribute to the quality and accuracy of public debate, it could be favoured to disclose information. In this case, the awareness of the Scheme’s deployment of speed enforcement cameras and the offences detected as a result may assist in more informed and accurate public debate.

Public Safety
There may be occasions when it is appropriate to disclose information that would have an impact on public safety. In this case, individuals could benefit from having knowledge of the activity of safety cameras to ensure that they adhere to speed restrictions within the area.

Factors Favouring Non-Disclosure

Efficient and Effective Conduct of the Force/Safety Camera Scheme
Where the current or future law enforcement of the force may be compromised by the release of information, the force will opt not to disclose. In this case, for the reasons outlined in the evidenced harm, the effectiveness of current and future strategies to combat road safety issues may be compromised by releasing the information requested.

The presence of the camera serves as a deterrent. Thus any information that might suggest how often it is or is not active could furnish the public with operationally sensitive information.

Public Safety
There are occasions where the release of information relating to public safety may not be in the public interest. Public safety is of paramount importance to the policing purpose and must be considered in response of every release. In this case, to disclose the information requested could compromise the operational effectiveness of safety cameras and seriously undermine a road safety initiative.

Exemption Provisions
Where multiple exemptions apply to a piece of information, this would favour non-disclosure. In this case, two exemptions are engaged, both prejudice based and qualified.

BALANCING TEST

When balancing the Public Interest Test, the factors favouring disclosure and non-disclosure have to be weighed up as well the considerations in the Harm Test. The arguments outlined in the above Harm Test far outweigh the public interest in disclosure of the information; I am therefore unable to disclose this information to you as I believe that it is not in the public interest to release detailed information about offences detected at individual camera sites – the very presence of the static speed camera connotes that speeding, collisions and injuries are a problem at the site and therefore the camera needs to be viewed as actively enforcing at all times.

If you do have difficulty in accessing the information please contact me.

If you are unhappy with the way Leicestershire County Council has handled your request you may ask for an internal review. You should contact the Business Partner(Information Management) at Leicestershire County Council, County Hall, Glenfield, Leicester, LE3 8TG, telephone 0116 305 8250, e-mail [Leicestershire County Council request email] if you wish to complain quoting the FOI Request Number..

If you are not content with the outcome of the internal review, you also have a right to apply directly to the Information Commissioner for a decision. The Information Commissioner can be contacted at:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Telephone: 01625 545 700
www.informationcommissioner.gov.uk

Yours sincerely

Ajesh Parmar