Local authorities' enforcement activities in relation to engines left running on parked vehicles: FOI release

Information requested

• All records available on local authorities’ enforcement activities (Fixed Penalty Notices or other) in relation to engines left running on parked vehicles.
• All information held regarding reviews carried out by the Scottish Ministers of local authority enforcement as per paragraph 5.1 of the guidance.

Response

• While our aim is to provide information whenever possible, in this instance the Scottish Government does not have the information you have requested. The information on local authorities’ enforcement activities (Fixed Penalty Notices or other) in relation to engines left running on parked vehicles is not held centrally by the Scottish Government, as this is a matter  for individual local authorities. The Road Traffic (Vehicle Emissions) (Fixed Penalty) (Scotland) Regulations 2003 provide local authorities with powers to issue fixed penalty notices to drivers of parked idling vehicles who refuse a reasonable request to switch off their engine. The powers are optional and it is for individual authorities to decide whether to make use of them, taking into account their specific circumstances and priorities regarding air quality management. This is a formal notice under section 17(1) of FOISA that the Scottish Government does not have the information you have requested.
• While our aim is to provide information whenever possible, in this instance the Scottish Government does not have the information you have requested. Section 5 of the guidance published to assist local authorities when the legislation came into force in 2003 asked authorities to submit six monthly returns of their enforcement activity. However, a decision was subsequently made not to enforce this requirement, as early indications from participating authorities suggested drivers were complying with requests to switch off engines without the need to issue a fixed penalty notice. As this continues to be the case, a requirement to submit a six monthly return would constitute an unnecessary administrative burden and provide little in the way of useful information. This is a formal notice under section 17(1) of FOISA that the Scottish Government does not have the information you have requested.

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The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at http://www.gov.scot/foi-responses.