15/03/2022
From ICO Casework
To DP0@sussex.police.uk
Subject ICO Case reference: IC-108170-P1J8
Display Name ICO to DC – Fl needed (2)
Dear Mr [redacted]
Thank you for your reply to my email dated 28 February 2022.
We need some more information from you to progress the matter.
I note the following from your response:
“Where an incident that falls under Section 170 of the Road Traffic Act 1988 occurs and one of the parties has refused to give their contact details for insurance purposes, the aggrieved party will contact the police to provide the necessary data from the DVLA records.”
Please advise where in section 170 RTA 1988 it states that, in the event that details are not exchanged, the police either can, or have a duty to, share the information with the other party to the alleged incident.
We ask that you provide your response as soon as possible, and no later than 7 days from the date of this email.
I look forward to hearing from you again. Please contact me on the number below if necessary.
Yours sincerely,
David Hunt
Case Officer
Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF T. 0330 414 6822 F. 01625 524510 ico.org.uk
18/03/2022
From DP0@sussex.police.uk
To ICO Casework
Subject CIM.11.22 – ICO Case reference: IC-108170-P1J8
Display Name DC Fl response (2)
Date Received 18/03/2022 08:12
Good Morning David
I have spoken with [redacted] (Collision Process Unit Supervisor) and [redacted] (Case Director Manager)
within our Ticketing unit. I am on annual leave for a week, but messages sent to the DPO inbox will be monitored and a response sent if required. Thank you in advance.
Below is a summary of their response in relation to your query as below. If you require any further information, please let me know and I will speak to the persons named above:
Please advise where in section 170 RTA 1988 it states that, in the event that details are not exchanged, the police either can, or have a duty to, share the information with the other party to the alleged incident.
Collision Unit Response:
Section 170 Road Traffic Act 1988 deals with the obligations on a driver to stop and exchange details, it does not state the Police can or have a duty to exchange information with other parties. Section 170 imposes obligations on drivers of mechanically propelled vehicles who are involved in road accidents.
- 170(1) This section applies in a case where, owing to the presence of a mechanically propelled vehicle, on a road or other public place an accident occurs by which –
(a) personal injury is caused to a person other than the driver of that mechanically propelled vehicle, or
(b) damage is caused –
(i)to a vehicle other than that mechanically propelled vehicle or a trailer drawn by that mechanically propelled vehicle, or
(ii) to an animal other than an animal in or on that mechanically propelled vehicle or a trailer drawn by that mechanically propelled vehicle, or
(iii) to any other properly constructed on, fixed to, growing in or otherwise forming part of the land on which the road or place in question is situated or land adjacent to such land.
- 170(2) The driver of the mechanically propelled vehicle must stop and, if required to do so by any person having reasonable grounds for so requiring, give his name and address and also the name and address of the owner and the identification marks of the vehicle.
- 170(3) If for any reason the driver of the mechanically propelled vehicle does not give his name and address under subsection (2) above, he must report the accident.
- 170(4) A person who fails to comply with subsection (2) or (3) above is guilty of an offence.
- 170(5) lf, in a case where this section applies by virtue of subsection (1)(a) above, the driver of a motor vehicle does not at the time of the accident produce such a certificate of insurance, or other evidence, as is mentioned in section 165(2)(a) of this Act –
(a) to a constable , or
(b) to some person who, having reasonable grounds for so doing, has required him to produce it,
the driver must report the accident and produce such a certificate or other evidence.
- 170(6) To comply with a duty under this section to report an accident or to produce such a certificate of insurance, or other evidence, as is mentioned in section 165(2)(a) of this Act, the driver
(a) must do so at a police station or to a constable, and
(b) must do so as soon as is reasonably practicable and, in any case, within twenty four hours of the occurrence of the accident
- 170(7) A person who fails to comply with a duty under subsection (5) above is guilty of an offence, but he shall not be convicted by reason only of a failure to produce a certificate or other evidence if within (seven] days after the occurrence of the accident, the certificate or other evidence is produced at a police station that was specified by him at the time when the accident was reported
- 170(8) In this section animal means horse, cattle, ass, mule, sheep, pig, goat or dog.
Sussex Police Road traffic Collisions Policy 130/2021 (attached) has 2 references to the sharing of information:
This legislation requires the exchange of personal details following a collision, Sussex Police also operate under the policy 130 of 2021 for these specific purposes. A copy of the policy (not for public / further dissemination) can be found below: Policy 130 2021.doc
This states under paragraph 5.8 that once the collision is recorded, the exchange of details will be facilitated. Also, under section 15.4 (Collision Data — Release of Individual Reports) it identifies that whilst a police criminal investigation or inquest proceedings are pending, collision record information will only be disclosed in accordance with the disclosure rules contained within the Criminal Procedures & Investigations Act 1996, or on the authority of HM Coroner.
- Collision Process Unit will supply copies of collision records to all parties with a legitimate interest.
- The current standard fees for the release of records are contained within the NPCC Guidance on Charging for Police Services, as amended whenever the level of fees is reviewed.
- No part of this policy must prevent legitimate release of those details to the parties involved, as required by Sec. 170 of the Road Traffic Act 1988.
The other driver claims there was damage caused, therefore details provided were in line with sect 170 (1)(b). Police couldn’t prove it as no independent witnesses:
- 170(1) This section applies in a case where, owing to the presence of a mechanically propelled vehicle, on a road or other public place an accident occurs by which
(a) personal injury is caused to a person other than the driver of that mechanically propelled vehicle, or
(b) damage is caused
Regards
Information Governance Supervisor
Sussex Police Headquarters, Church Lane, Lewes, East Sussex, BN7 2DZ www.sussex.police.uk
But that was not to be the end of the matter. Read the ICO’s response here.