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COPFS

Failure To Comply With Lights At Airbles Road, Motherwell (R008813)

Freedom of Information: Failure To Comply With Lights At Airbles Road, Motherwell (R008813)

Thank you for your request dated 13 October 2014 under the Freedom of Information (Scotland) Act 2002 (FOISA) for the undernoted information:

“-All information held on vehicles which failed to comply with an indication to stop given by light signals on Airbles Road, Motherwell at the junction crossing Hamilton Road.

-Please include & supply figures of cases taken to court & conditional offers accepted.”


I have now completed my search for the information you have requested and can advise that in the last three complete financial years (2011-2014), I have identified six cases which were reported to the Procurator Fiscal at Hamilton by the Police containing allegations of failure to comply with an indication to stop given by light signals on Airbles Road, Motherwell at the junction crossing Hamilton Road.

All the accused in these cases were given the opportunity to pay a Conditional Offer of Fixed Penalty in relation to the offence by the Procurator Fiscal, however, this was refused in each case and court proceedings were raised in the Justice of the Peace Court in all cases.

I am unable to provide further information on the vehicles which failed to comply with the indication given to stop by light signals on Airbles Road, Motherwell, at the junction crossing Hamilton Road as I consider the exemption under Section 38(1)(b) (personal information) of FOISA applies to this information.  This exemption applies because the information is personal data of a third party and disclosing it would contravene the data protection principles in Schedule 1 to the Data Protection Act 1998.  This is an absolute exemption and there is no requirement to consider the public interest.

I should advise that there is the possibility that the Police Service of Scotland have issued conditional offers to drivers for this offence at this locus, however COPFS does not hold information on fixed penalties offered by the Police Service of Scotland which are subsequently accepted. Where the police fixed penalty is not paid, the case may then be reported to the Procurator Fiscal. I have attached a link to the relevant page of the website for the Police Service of Scotland should you wish to make an FOI request to them in this regard