Public Interest Test F0005845 VOSA 14/119

Section 31

(1) Information which is not exempt information by virtue of section 30 is exempt

information if its disclosure under this Act would, or would be likely to, prejudice –

(a) the prevention or detection of crime

(b) the apprehension or prosecution of offenders

(g) the exercise by any public authority of its functions for any of the purposes

specified in subsection (2)

(2) The purposes referred to in subsection (1) (g) to (i) are –

(a) the purpose of ascertaining whether any person has failed to comply with the

law

(c) the purpose of ascertaining whether circumstances which would justify

regulatory action in pursuance of any enactment exist or may arise

Factors for disclosure

/ Factors for withholding
The public would be aware of the means available to the Driver and Vehicle Standards Agency (DVSA) in relation to methods which are used by the Agency to aid road and vehicle safety and the prevention and detection of crime. /
  • Disclosure of this information would prejudice DVSAs enforcement and regulatory role.
  • Subject to the findings of any investigation which may be undertaken, disclosure to a related or unrelated party may prejudice regulatory action by another Public Authority, in this instance the Traffic Commissioner.
  • DVSA must retain its position as a ‘trusted’ holder of certain information in order to obtain details from other parties in line with its statutory functions. This ‘trusted’ holder position can relate to information gathered from informants and other parties or organisations.

Reasons why public interest favours withholding information

  • DVSA would not wish to compromise any action that they might consider, either now or in the future. DVSA can consider any information received within the last five years when considering action.
  • Prohibition information is used by the Agency for planning its enforcement activities. Release of this data would affect any targeting being considered by the Agency.
  • It is in the public interest that the regulatory activities undertaken by DVSA, or the regulatory authority for operator licence matters - the Traffic Commissioner, which may involve action against an operator if it is deemed necessary to ensure road safety, are not prejudiced.
  • DVSA would not wish to compromise any action that may be rightly considered by the Traffic Commissioner, either now or in the future. The Traffic Commissioner can consider any information received within the last five years should the operator’s compliance record warrants it. If the details were in the public domain, the operator could claim that they had not had the opportunity to offer mitigation or defence and the Traffic Commissioner would therefore be unable to consider it further.