FOI date
09/2023
FOI reference
FOI 1768376/23

We received a request under the Freedom of Information Act 2000 (FOIA):

Local councellor has shared some high level statistics from the above operation which detailed 438 offences were recorded at B6154 Pudsey Rd / Hough Side Road in July 2023, with the highest speed recorded at 63mph. 

I am hoping to get a more detailed breakdown of the 438 offences detailing time & date of offence and speed of offence. Is it possible for you to provide this information. 

The table below outlines the number of offences recorded on each of the dates the Mobile Speed Camera was deployed to B6154 Pudsey Rd / Hough Side Road in July 2023. I have also provided the time of the first offence recorded and the time of the last offence recorded.

Speed Camera Deployment July 2023

Date

Total

1st Offence

Last Offence

05/07/2023

12

09:58

12:27

11/07/2023

42

06:30

09:53

14/07/2023

104

14:31

17:53

20/07/2023

79

09:43

12:51

22/07/2023

66

17:20

20:11

24/07/2023

33

10:24

13:51

30/07/2023

64

07:53

11:55

31/07/2023

38

17:54

19:54


Unfortunately, West Yorkshire Police is unable to provide you with the speeds the vehicles were going as this is exempt  by virtue of Section 31(1) Law Enforcement. Please see Appendix A, for the full legislative explanation as to why West Yorkshire Police are unable to provide the information. 


In addition, did the enforcement operation track how many vehicles passed without causing an offence over the time period of the operation? If so, is it possible to have this total for the operation period? If possible, can this be broken down by date too?
    
This information is not recorded, therefore we hold no information in relation to this question.

Appendix A
 
The Freedom of Information Act 2000 creates a statutory right of access to information held by public authorities.  A public authority in receipt of a request must, if permitted, state under Section 1(a) of  the Act, whether it holds the requested information and, if held, then communicate that information to the applicant under Section 1(b) of the Act. 
 
The right of access to information is not without exception and is subject to a number of exemptions which are designed to enable public authorities, to withhold information that is unsuitable for release. Importantly the Act is designed to place information into the public domain. Information is granted to one person under the Act, it is then considered public information and must be communicated to any individual, should a request be received. 
 
DECISION 
 
Your request for information has been considered and I regret to inform you that West Yorkshire Police cannot comply.  This letter serves as a Refusal Notice under Section 17 of the Freedom of Information Act 2000.   
 
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 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. 
 
REASONS FOR DECISION 
 
The reason that we are unable to provide you with this information is covered by the following  
Exemption: 
 
Section 31 (1) (a) (b) Law Enforcement 
Section 31 is a qualified prejudice based exemption and therefore I am required to provide evidence of harm and consider the public interest test.

Harm 
Every effort should be made to release information under Freedom of Information. However, to provide information that would undermine operational policing would not be in the public interest. To disclose information detailing the recorded speed individuals were going when captured by one specific camera would indicate what enforcement is used to trigger a ticket. The release of such information would provide intelligence as to what enforcements are used, this would undoubtedly impact on the Force’s ability to protect the public it serves and could prejudice its ability to perform core functions such as Law Enforcement. 

Factors favouring disclosure 
To disclose the information would adhere to the basic principle of being open and transparent which in turn would lead to a better-informed public. 

Factors favouring non-disclosure 
Disclosing the requested information would inform those with disregard for the law, whether their 
speeding is more or less likely to be caught on camera. This could then have an impact on the safety of other motorist if the perception is that they are unlikely to be caught speeding. Speeding above the stated limit is an offence and withholding this information from the public ensures that any driver who exceeds the speed limit would maintain the perception that they are risking criminal liability. 

Balancing test 
Whilst disclosure would adhere to the basic principle of being open and transparent, we believe that 
when weighed against the risks of disclosing information which could jeopardise the safety of road users 
or other members of the public, the factors favouring non-disclosure far outweigh the factors for 
disclosure.