M6 at junction 4 – Hard Shoulder (12970/19)
I would like to request statistics and information under the Freedom of Information Act with regards to dangerous driving on the hard shoulder of the southbound exit slip road of the M6 at junction 4 (A446). Specifically, please provide the following information:
– The total number, specific dates and duration of patrols conducted with the aim of policing abusers of the hard shoulder the southbound exit slip road of the M6 at junction 4 (A446) in the period from January 1st, 2018 to July 27th, 2019.
– The number of drivers prosecuted as a result of Police patrols for driving along the hard shoulder of the southbound exit slip road of the M6 at junction 4 (A446) in the period from January 1st, 2018 to July 27th, 2019.
– Specific details of the measures which have been taken in order to resolve this persistent issue.
– Specific details of future planned monitoring improvements (e.g. cameras) or carriageway improvements which are to be implemented in order to resolve this persistent issue.
Please be advised that the information that you have requested is not available in a readily retrievable format. We do not have any recorded information for January 1st, 2018 to July 27th, 2019 as Officers weren’t completing worksheets for that period of time. Prosecutions are held by the courts and not routinely fed back into our systems. To locate and retrieve each ticket that has been issued in relation to this part of the motorway, we would need to manually review each ticket regarding driving on the hard shoulder and then further work would need to be completed by cross referencing with other systems to see whether this led to a prosecution if recorded . This would exceed the cost threshold.
The cost of compliance with the whole of your request is above the amount to which we are legally required to respond, i.e. the cost of locating and retrieving the information would exceed the appropriate costs limit under section 12(1) of the FOI Act 2000. For West Midlands Police, the appropriate limit is set at £450, as prescribed by the Freedom of Information and Data Protection (Appropriate Limit and Fees) Regulations 2004, S.I. 3244.
Therefore the cost of providing you with the information is above the amount to which we are legally required to respond i.e. the cost of locating and retrieving the information exceeds the ‘appropriate level’ as stated in the Freedom of Information (Fees and Appropriate Limit) Regulations 2004.
In accordance with the Freedom of Information Act 2000, this letter acts as a Refusal Notice for this part of the request and if one part of a request exceeds the fees limit then S12 of the Act applies to the whole request
However, In accordance with Section 16 of the Act I have a duty to provide advice and assistance in relation to your request and can provide the information requested for questions 3 as this was retrieved during our initial research. This should not be taken as a precedent that additional information would be supplied outside of the time/fees legislation for any subsequent requests
Further information on section 12 of FOI is available here: