FOI 389-2025 / Apr 2025 / RTCs
FREEDOM OF INFORMATION REQUEST REFERENCE NO: 389-2025
I write in connection with your request for information which was received on 1st April 2025 as follows:
Please provide the following information relating to the use of nitrous oxide (NāO) while driving:
Q1. The number of road traffic collisions recorded in the past three years (2022, 2023, 2024) where nitrous oxide was listed as a suspected factor.
Q2. The number of individuals arrested or charged under Section 5 of the Road Traffic Act 1988 (Driving or Being in Charge of a Motor Vehicle with Excess Alcohol or Drugs) where nitrous oxide was recorded as the substance involved.
Q3. The number of individuals arrested or charged under Section 2 (Dangerous Driving) and Section 3 (Careless or Inconsiderate Driving) of the Road Traffic Act 1988, where nitrous oxide was suspected or confirmed as a contributing factor.
Q4. Whether your force has conducted any specific roadside operations or drug-driving tests targeting nitrous oxide use while driving.
Q5. Whether nitrous oxide is included in standard drug impairment testing for drivers. If not, has there been any internal discussion or policy review about adding it?
If possible, please provide the data broken down by year.
Q6. I would appreciate any relevant internal policy documents or guidance on enforcement related to nitrous oxide and driving offences.
Please find the Warwickshire Police response set out below.
Response: Please be advised that some of the requested information is not centrally recorded and is therefore not held in a readily retrievable format. Regarding Q1, the business area has advised that there is no ‘contributory factor’ within the Road Traffic Collision report, or ‘field’ within the Crash database for highlighting Nitrous Oxide as a factor. Therefore, in order to determine a response to this part of the request, it would be necessary to manually review each and every RTC record for the specified period for any reference of Nitrous Oxide being a suspected factor in the collision. Regarding Q2 and Q3, there is no roadside drug test available for Nitrous Oxide. Officers can perform a Field Impairment Test (FIT), which can be used to evidence a driver being impaired and therefore unfit to drive, and where this is suspected, the driver would be arrested under Section 4 of the Road Traffic Act (Driving whilst unfit through drink or drugs). Therefore, in order to determine responses to Q2 and Q3 of the request, it would be necessary to manually review the wider custody report of all Section 4 arrests within the specified period, for mention of a Field Impairment Test being conducted and/or officer’s suspicions that a driver was unfit to drive due to Nitrous Oxide and any supporting evidence of this being the case.
The searches required to answer Q1, Q2 and Q3 of the request would take an inordinate amount of time and would exceed the amount to which we are legally required to respond, i.e., the cost of locating and retrieving the information exceeds the ‘appropriate level’ as stated in the Freedom of Information (Fees and Appropriate Limit) Regulations 2004.
In accordance with Section 12(1) of the Freedom of Information Act 2000, this letter is a Refusal Notice for these parts of the request.
In accordance with Section 16 of the Act, I have a duty to provide advice and assistance in relation to refining your request; however, due to the volume of records that would need to be reviewed, I am unable to suggest a way to revise these parts of the request into ones that could be provided within the fees limit.
Outside of the FOI Act and as a gesture of goodwill, responses to Q4, Q5 and Q6 have been provided below.
Q4 response: No information held.
Outside of the Act and as a gesture of goodwill, I can advise that Warwickshire Police carry out numerous road related operations throughout the year, including a drink/drug driving campaign in December. The force also take part in various operations and campaigns that are set out by the NPCC, including the fatal four (speed, mobile, drink/drug driving and seatbelt).
Q5 response: No information held.
Q6 response: No information held.
Every effort has been made to ensure that the information provided is as accurate as possible.
Your attention is drawn to the below which details your right of complaint.
Should you have any further enquiries concerning this matter, please write or email the Freedom of Information Unit quoting the reference number above.
Yours sincerely
Freedom of Information Unit
Warwickshire Police
PO Box 4
Leek Wootton
Warwickshire
CV35 7QB