BMW vehicles with an N57 engine

Freedom of information request reference no: 01.FOI.23.029893

I note you seek access to the following information:

As per your suggestion, please can the force provide the following, which I’ve streamlined a little:

• The date of first communication from BMW regarding BMW force cars with the N57 engine.

• The date of first communication from the National Association of Police Fleet Managers regarding BMW force cars with the N57 engine.

• What restrictions, if any, has the force imposed on usage of these cars?
Eg, including, but not limited to, setting an upper speed limit or advising drivers not to sit with the engine idling.

• What special maintenance of these cars, if any, has been implemented?
Eg, including, but not limited to, more frequent oil changes or inspections.

• How many BMW vehicles with an N57 engine the does the force have and use? These will include, but not be limited to, such models as the 330, 330d, 530d, 5 series etc. (All forces have been issued with guidance about cars with this engine, so the force will know which cars have it).

Decision

This notice also neither confirms nor denies whether the MPS holds any further information in respect of the following part of your request. Some data has been withheld as it is exempt from disclosure and therefore this response serves as a Refusal Notice under Section 17 of the Freedom of Information Act 2000 (the Act) by virtue of the following exemptions:

Section 31(3) - Law enforcement

Reason for decision

Q5 - How many BMW vehicles with an N57 engine the does the force have and use? These will include, but not be limited to, such models as the 330, 330d, 530d, 5 series etc. (All forces have been issued with guidance about cars with this engine, so the force will know which cars have it).

This part of this request for information asks the MPS to provide the number of BMW vehicles with an N57 engine. The MPS has confirmed that it currently has 37 vehicles with the N57 engine variant that are used overt policing purposes. In responding to this request, the MPS refuses to confirm or deny whether it holds any further information relevant to this request.

Section 31(3) - Law enforcement - When responding to requests made under the Act, the MPS will disclose information about its overt fleet but will not confirm to the public, whether it has any further vehicles that are used for discreet operational activity. To do so could reveal areas of police interest, undermine police investigations and/or police operations. Ultimately, confirming or denying whether any further information is held could adversely affect the ability of the MPS to detect crime and/or conduct their operations. It is therefore appropriate that the MPS refuses to confirm or deny whether any further information is held.

The MPS is committed to transparency with the general public and recognises that greater transparency is likely to improve public confidence in the MPS. Whilst I acknowledge that transparency is an important public interest factor, I have found that by confirming or denying whether any further information is held, this would reveal operationally sensitive information. For example, should the MPS state that it holds further relevant information, this would reveal that the MPS has other vehicles with the N57 engine variant that are used for discreet policing purposes. Conversely, should the MPS state that it holds no information, this would reveal that the MPS has no other vehicles with the N57 engine variant that are used for discreet policing purposes. Both responses under the Act could reveal areas of police interest, undermine police investigations and/or police operations.

Having carefully considered your request, I have found that it would be inappropriate to confirm or deny whether any further information is held about the number of MPS vehicles with the N57 engine variant. This notice accordingly, neither confirms nor denies whether information is held in response to your request.

Disclosure

Q1 - The date of first communication from BMW regarding BMW force cars with the N57 engine.

The MPS was first made aware of renewed advice regarding the usage and maintenance of vehicles with the N57 engine during a BMW lead authorities technical forum in October 2016. BMW wrote independently in November 2016 to formalise the changes to the maintenance requirements.

Q2 - The date of first communication from the National Association of Police Fleet Managers regarding BMW force cars with the N57 engine.

The first communication was a briefing from BMW to members of the National Association of Police Fleet Managers (NAPFM) technical group on the 8 August 2016. This was shared with the MPS by the NAPFM in November 2016 being additional and supplementary to the communication already received by BMW.

Q3 - What restrictions, if any, has the force imposed on usage of these cars? Eg, including, but not limited to, setting an upper speed limit or advising drivers not to sit with the engine idling.

Each specific vehicle must be signed off by fleet as having:

• No known defect.

• Updated service.

• Serviced according to MPS schedule.

• Each specific vehicle will also be covered by an Operational Command Unit (OCU) level Risk Assessment (RA) for the type of work that it does specific to the N57 engine issue.

• Each specific vehicle will have a certification placed in the log book to ensure each driver is aware of the issue and mitigations.

• There will be no unnecessary engine idling.

• No harsh acceleration where engine idling occurred immediately beforehand.

• No use of sport mode or paddle shift.

• As soon as any warning light illuminates, or any other engine related defect is highlighted to the driver (by noise, engine performance, oil leaks etc), the vehicle is returned to the garage at the earliest practicable opportunity.

Q4 – What special maintenance of these cars, if any, has been implemented? Eg, including, but not limited to, more frequent oil changes or inspections.

All remaining vehicles are maintained under specific BMW recommendations and vehicle specific condition based servicing parameters.

Q5 - How many BMW vehicles with an N57 engine the does the force have and use? These will include, but not be limited to, such models as the 330, 330d, 530d, 5 series etc. (All forces have been issued with guidance about cars with this engine, so the force will know which cars have it).

The MPS currently has 37 vehicles with the N57 engine variant, out of a total fleet of 5283 vehicles. Each of the 37 vehicles have replacement engines. Please note that the figure of 37 pertains to vehicles used for overt policing purposes.