Codes of practice followed by the DVLA

The request was partially successful.

Dear Driver and Vehicle Licensing Agency,

Please supply the following information under the Freedom of Information Act:

1. Your policy and guidelines on prosecution for vehicle and traffic offences.

2. What verification measures are undertaken to ensure the correct person is identified as a defendent for the purpose of prosecuting for traffic or vehicle offences in cases generated or originated by DVLA?
Additionally what verification measures are undertaken to ensure the wrong person is not prosecuted for a traffic or vehicle offence in prosecutions generated or originated by DVLA?

3. What internal and external databases are checked to ensure identification of the correct person when preparing prosecution for a vehicle of traffic offfence?
How and where are the results of database checks recorded and stored?

4. Your staff code of conduct, specifically any code of conduct relating to investigating and identifying suspected offenders and prosecuting offenders for vehicle and traffic offences.

5. Your policy and guidelines following a statutory declaration sworn in a magitsrates' court, in the presence of a representative of DVLA, directly related to a prosecution generated or originated by DVLA.

6. Your policies and guidelines concerning statutory declarations made by wrongly accused suspects for vehicle and traffic offfences generated or originated by DVLA.

7. Your procedure for recording vehicle and traffic offences on vehicle and driver records on DVLA reecords and databases.

8. Your policy and procedure for erasing wrongly entered driving and vehicle records on databases and records held by DVLA.

9. The name and address of the head Data Protection Controller for DVLA.

10. Your policy and guidelines on Data Protection as applied and practised within DVLA.

Yours faithfully,
Mr Dennis Smyrk

FOI FOI, Driver and Vehicle Licensing Agency

Dear Mr Symrk,

Thank you for your e-mail requesting information. The DVLA are dealing with your request under the terms of The Freedom of Information Act 2000.

Your request has been given reference number: FOIR5821.

You should expect to receive a reply to your request no later than 13 February 2017.

If you have any further questions or enquiries on this request please use the reference number.

Thanks & Regards,

David A Morgan
Freedom of Information Team
Data Sharing & Protection Group | Strategy, Policy and Communications Group | D16 | DVLA | Swansea | SA6 7JL
Twitter: @dvlagovuk

Vehicle tax or SORN can’t be passed on when a vehicle changes hands.
Ni all treth cerbyd na HOS gael eu trosglwyddo pan fydd cerbyd yn newid dwylo.
Find out more at/Cael gwybod mwy ar: www.gov.uk/vehicletaxrules

show quoted sections

FOI FOI, Driver and Vehicle Licensing Agency

Mr Smyrk

Thank you for your recent Freedom of Information (FOI) request.

DVLA is mindful to consider this request as vexatious (section 14 of the FOI Act) because it is identical to another request that has been made to the Agency and both requests were received within days of each other. The coincidence in the two requests being made within a very short period of time could be considered to be part of a campaign.

However, DVLA has asked the other requestor to clarify their request and as such the Agency considers it appropriate to offer you the same opportunity to clarify.

You should be aware that DVLA would not hold information about ‘traffic offences’ such as drink driving, speeding or dangerous driving because the Agency would not prosecute for those offences. They would be a matter for the police and the relevant prosecuting authority. With regards to ‘vehicle offences’, the Agency would hold information about prosecutions relating to the registration, licensing and insuring of a vehicle. For example, the failure to notify DVLA of a change of keeper, the failure to tax a vehicle or the failure to continually insure a vehicle.

It would be advantageous if you could clarify which vehicle/traffic offences are in scope of your request?

Regards
Ian

Ian Aubrey
Freedom of Information Team – D16
Data Sharing & Protection Group | Strategy, Policy and Communications Directorate | DVLA | Swansea | SA6 7JL

Vehicle tax or SORN can’t be passed on when a vehicle changes hands.
Find out more at: www.gov.uk/vehicletaxrules

Twitter: @dvlagovuk  |  Facebook: dvlagovuk  |  YouTube: dvlagov

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Correspondents should note that all communications to DVLA may be automatically logged, monitored and/or recorded for lawful purposes.

Please visit www.gov.uk/browse/driving for government information on all aspects of motoring, ranging from log books and driving licences to driving tests and vehicle tax.
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Dear FOI FOI,
Thank you to Ian Aubrey for his response to my request.
I am slightly confused as to why my request would be found to be vexatious as I am merely after the information as stated, I do understand why you state that it is "nearly" Identical to a previous request as I did copy and paste most of the request from an article already showing as that basically summed up the information I was indeed looking for. I apologise if that was an issue but it was only laziness on my behalf, nothing more. I am just after some clarification on the codes of practice that are being used by the DVLA at the present time.
There are procedures that the DVLA are operating at present that cause me concern and I was just after some clarification as to whether these are being carried out in accordance to the law of the land or whether it could be over zealous behaviour by some individuals within the organisation.
Once again I apologise for any alarm I may have caused.

Yours Sincerely

Dennis Smyrk

Yours sincerely,

Dennis Smyrk

FOI FOI, Driver and Vehicle Licensing Agency

Dear Mr Smyrk

Thank you for your email of 26 January and explanation.

As a result, and now having some context to your request, the Agency will take your request to be that as originally required on 16 January.
The start date of your request is now revised to be 27 January and you should receive a response on or before 24 February 2017.

Regards
Ian

Ian Aubrey
Freedom of Information Team – D16
Data Sharing & Protection Group | Strategy, Policy and Communications Directorate | DVLA | Swansea | SA6 7JL

Vehicle tax or SORN can’t be passed on when a vehicle changes hands.
Find out more at: www.gov.uk/vehicletaxrules

Twitter: @dvlagovuk  |  Facebook: dvlagovuk  |  YouTube: dvlagov

************************************************************************************
Correspondents should note that all communications to DVLA may be automatically logged, monitored and/or recorded for lawful purposes.

Please visit www.gov.uk/browse/driving for government information on all aspects of motoring, ranging from log books and driving licences to driving tests and vehicle tax.
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FOI FOI, Driver and Vehicle Licensing Agency

2 Attachments

Good Afternoon Mr Smyrk

Please find attached a response to your recent Freedom of Information request.

Regards
Ian

Ian Aubrey
Freedom of Information Team – D16
Data Sharing & Protection Group | Strategy, Policy and Communications Directorate | DVLA | Swansea | SA6 7JL

New vehicle tax rates for cars registered on or after 1 April 2017.
Find out more: www.gov.uk/newvehicletaxrates

************************************************************************************
Correspondents should note that all communications to DVLA may be automatically logged, monitored and/or recorded for lawful purposes.

Please visit www.gov.uk/browse/driving for government information on all aspects of motoring, ranging from log books and driving licences to driving tests and vehicle tax.
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FOI FOI, Driver and Vehicle Licensing Agency

1 Attachment

Good afternoon Mr Smyrk

Please find attached correspondence relating to your request for information.

Regards
Ian

Ian Aubrey
Freedom of Information Team – D16
Data Sharing & Protection Group | Strategy, Policy and Communications Directorate | DVLA | Swansea | SA6 7JL

New vehicle tax rates for cars registered on or after 1 April 2017.
Find out more: www.gov.uk/newvehicletaxrates

************************************************************************************
Correspondents should note that all communications to DVLA may be automatically logged, monitored and/or recorded for lawful purposes.

Please visit www.gov.uk/browse/driving for government information on all aspects of motoring, ranging from log books and driving licences to driving tests and vehicle tax.
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FOI FOI, Driver and Vehicle Licensing Agency

Good Afternoon Mr Smyrk

You will recall from correspondence dated 24 March that DVLA intended to be in a position to have provided you with a response to your Freedom of Information request before today.

Unfortunately, the considerations as to whether the exemptions under s31 FOIA can be applied are still on-going. I can appreciate that this might be frustrating for you and I can only apologise again for the delay getting a response to you.

As required by s17(2) FOIA, I must advise that no decision on the application of s31(1)(a), (b) & (c) has yet been reached and that a revised estimate as to when such a decision will be reached is: 12 May.

Regards
Ian

Ian Aubrey
Freedom of Information Team – D16
Data Sharing & Protection Group | Strategy, Policy and Communications Directorate | DVLA | Swansea | SA6 7JL

New vehicle tax rates for cars registered on or after 1 April 2017.
Find out more: www.gov.uk/newvehicletaxrates

************************************************************************************
Correspondents should note that all communications to DVLA may be automatically logged, monitored and/or recorded for lawful purposes.

Please visit www.gov.uk/browse/driving for government information on all aspects of motoring, ranging from log books and driving licences to driving tests and vehicle tax.
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FOI FOI, Driver and Vehicle Licensing Agency

2 Attachments

Good Afternoon Mr Smyrk

Please find attached a substantive response to your Freedom of Information request.

Apologies are made for not responding sooner but you will be aware that, in accordance with the FOI Act, the Agency required additional time to consider the public interest test.

Regards
Ian

Ian Aubrey
Freedom of Information Team – D16
Data Sharing & Protection Group | Strategy, Policy and Communications Directorate | DVLA | Swansea | SA6 7JL

New vehicle tax rates for cars registered on or after 1 April 2017.
Find out more: www.gov.uk/newvehicletaxrates

************************************************************************************
Correspondents should note that all communications to DVLA may be automatically logged, monitored and/or recorded for lawful purposes.

Please visit www.gov.uk/browse/driving for government information on all aspects of motoring, ranging from log books and driving licences to driving tests and vehicle tax.
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