Thank you for your e-mail of 29 June 2016 in which you request information under the FOISA. I consider that points 1 to 5 of your request relate to an environmental matter and therefore I will respond to those points under the Environmental Information (Scotland) Regulations 2004 (the EIRs).
You should already have received a response to point 6 which was dated 2 August 2016 having requested that we respond to this point in isolation. The remainder of your request which I will answer in this response is as follows:
“Regulation 61A(3) of the Road Vehicles (Construction and Use) Regulations 1986 makes it an offence (since 2001) to "use, or cause or permit to be used, on a road a motor vehicle if the motor vehicle does not comply with such limit values as may apply to it" etc.
Please can you let me know the following:
1. the number of such offences reported to the Procurator Fiscal
(a) for "using" and
(b) for "causing or permitting to be used";
2. the number of convictions secured in each category;
3. the sentence given in each case;
4. the reporting agency in each case;
5. if no such an offence has been reported,
(a) whether an ISCJIS code and style charge exists for this offence;
(b) which reporting agency would report such an offence committed in Scotland to the Procurator Fiscal; and
Firstly I must apologise again for the delay in responding but unfortunately as I have previously explained it has proved more challenging than anticipated to retrieve data from our electronic case management system relating to this specific Regulation and this in turn has impacted on our ability to answer the other aspects of your request.
By way of an explanation Regulation 61A(3) as referred to in your request is a regulation under the Road Vehicles (Construction and Use) Regulations 1986, which is a Statutory Instrument relating to vehicle emissions. This regulation came into force from 9 November 2006. The primary legislation which creates an actual offence of breaching this requirement is Section 42 of the Road Traffic Act 1988 and it is under Section 42 of the Act that this type of offence would be reported to COPFS. Section 42 involves a motor vehicle or trailer on a road where its use involves a danger of injury to any person regarding contravention of a Construction and Use requirement and as a result relates to many different types of construction and use offences.
There is no individual ISCJIS charge code for Regulation 61A(3) and as a result we are unable to identify charges relating directly to this legislation using a specific charge code. We have performed a key word search using Section 42 charge text variables to identify charges containing terms specific to this particular legislation reported from the date the regulation came into force. This search returned a number of cases and a manual search of each case report has confirmed that none satisfy the requirements of this specific legislation.
I can advise in relation to points 1 to 4 of your request, based on the search criteria used, that no charges relating to this legislation have been reported to COPFS.
5. (a) As explained above there is no specific ISCJIS code for Regulation 61A(3).
(b) Police Scotland and the Driver and Vehicle Standards Agency (formerly Vehicle and Operators Service Agency) are approved to report this type of offence to COPFS.