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Request:
Q1. How many incidents were recorded in 2023/24 and 2024/25 under the code RV86019 (Use a handheld [mobile phone or handheld device] while driving)? Please break the results down by year) Q2. How many Fixed Penalty Notices were given for RV86019 offences - broken down again by financial year?
Q3. How many RV86019 incidents resulted in an accident? Of those, how many led to one or more persons being injured or killed?
Q4. How many incidents were recorded in 2023/24 and 2024/25 under the code RC86823 (Supervisor of provisional license holder use handheld device)? Please break the results down by financial year.
Response:
Extent of Searches to Locate Information
Following receipt of your request searches were conducted within North Yorkshire Police to locate relevant information.
Decision
I am not obliged to provide you with a response to your request pursuant to Section 12(1) of the Freedom of Information Act 2000 (the Act). Please note that when one part of your request falls under Section 12, we are not obliged to review the rest of the questions and the whole request is therefore exempt.
Section 12(1) applies to your request as the cost of complying with your request is above the amount to which we are legally required to respond i.e. the cost of identifying and retrieving any relevant information exceeds the ‘appropriate level’ as stated in the Freedom of Information (Appropriate Limit and Fees) Regulations 2004.
Due to the nature of our recording systems the information requested, if held, is not in an easily retrievable format. Our information retrieval process generally relies on a computer ran report which captures any information recorded upon the surface of a record or within specified fields. Where relevant information is held deeper in the record, or outside of a specified field, a manual assessment is required to retrieve that information.
In order to retrieve the requested information for Q3, it would be necessary to manually review all road traffic collisions recorded for the timeframe specified, to establish if the use of a handheld mobile phone or handheld device while driving was an contributary factor this would mean a manual review of over 1000 reports, which would exceed the time limit allowed under the Act.
Pursuant to Section 17(5) of the Freedom of Information Act this letter acts as a Refusal Notice.
Pursuant to Section 16 of the Act I am required to offer you advice and assistance with regarding to refining your request to within the ‘appropriate limit’ (time/cost limit). However, due to the information provided above I am unable to suggest how you may refine your request and still receive the information within the cost threshold. If you wish to discuss this please do not hesitate to contact me.
Although excess cost removes the force’s obligations under the Freedom of Information Act, as a gesture of goodwill, I have supplied information, relative to your request, retrieved or available before it was realised that the fees limit would be exceeded. I trust this is helpful, but it does not affect our legal right to rely on the fees regulations for the remainder of your request.