Copy of discussions about the rules around Rotherhithe Tunnel

Transport for London did not have the information requested.

Dear Transport for London,

In February 2019, TfL started issuing fines to vehicles using the Rotherhithe Tunnel when they should not. TfL's own website states that:
A] "Vehicles more than 2 metres (6'6") high, 2 metres (6'6") wide or goods vehicles weighing more than 2 tonnes (gross vehicle weight) are not safe to travel through the Rotherhithe Tunnel. Drivers that do not comply could be fined up to £130."

Yet a FOI request confirms that not a single passenger vehicle (class M1) wider than 2m has ever been fined as
B] "the legislation only allows us to issue penalties for goods vehicles which breach the weight restriction".

Question: Can I have a copy of the discussions that TfL had when publishing the tunnel's rules, with a focus on:
1 - Why is the statement A] not excluding non commercial vehicles when B] says it is the only type of vehicle you can fine?
2 - There are already a handful of M1 class vehicles that break the 2m width limit. What safety assessment was done to accept that they could use the tunnel?
3 - Vehicles are getting larger and larger, hinting at more and more of these large vehicles in the future. Was any planning done for this evolution of the cars passing through the tunnel?

Thanks,

Olivier Rousseau

FOI, Transport for London

Dear Mr Rousseau

 

TfL Ref: FOI-3431-1920

 

Thank you for your email received by Transport for London (TfL) on 7
February 2020.

 

Your request will be processed in accordance with the requirements of the
Freedom of Information Act and TfL’s information access policy. 

 

A response will be sent to you by 6 March 2020.

 

We publish a substantial range of information on our website on subjects
including operational performance, contracts, expenditure, journey data,
governance and our financial performance. This includes data which is
frequently asked for in FOI requests or other public queries. Please check
[1]http://www.tfl.gov.uk/corporate/transpar... to see if this helps you.

 

We will publish anonymised versions of requests and responses on the
[2]www.tfl.gov.uk website. We will not publish your name and we will send
a copy of the response to you before it is published on our website.

 

In the meantime, if you would like to discuss this matter further, please
do not hesitate to contact me.

 

Yours sincerely

 

Eva Hextall

FOI Case Officer

 

FOI Case Management Team

General Counsel

Transport for London

 

 

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FOI, Transport for London

1 Attachment

Dear Mr Rousseau

 

TfL Ref: FOI-3431-1920

 

Thank you for your email received by Transport for London (TfL) on 7
February 2020.

 

Your request has been considered in accordance with the requirements of
the Freedom of Information Act and our information access policy.  I can
confirm we hold some of the information you require. You asked:

 

Can I have a copy of the discussions that TfL had when publishing the
tunnel's rules, with a focus on:

 

We do not hold a copy of any discussions around this.

 

Following a review of the Rotherhithe Tunnel ventilation system, it was
discovered that the capacity of the current system was limited to a
passenger car. Most larger cars are in the region of 2 tonnes in weight.
The difference between a passenger car and an equivalent size light
commercial vehicle is down to the load. The fire loading of a passenger
vehicle in general is easy to estimate as it is limited to the number of
passengers and associated baggage. The fire load of a light commercial
vehicle is harder to estimate, so in the international guidelines these
are referenced as having a higher fire load. The Highways England guidance
document BD78/99 Design of Road Tunnels gives the fire load of a car as 5
megawatts (MW) and a van (Light commercial) as 15 MW. The current
capability of the Rotherhithe Tunnel ventilation system can safely deal
with a passenger car fire but the light commercial vehicle is beyond its
safe working limits. This is why the restriction applies to vehicles more
than 2 metres (6'6") high, 2 metres (6'6") wide or goods vehicles weighing
more than 2 tonnes (gross vehicle weight).

 

1 - Why is the statement A] not excluding non commercial vehicles when B]
says it is the only type of vehicle you can fine?

 

The text on the website is designed to encourage compliance with the
restriction.

 

2 - There are already a handful of M1 class vehicles that break the 2m
width limit. What safety assessment was done to accept that they could use
the tunnel?

 

We do not accept that M1 type with a height and width of more than 2
meters can use the tunnel. Indeed as outlined above they are restricted
from doing so.

 

There is a small number of M1 class vehicles that are wider than 2m. These
cars are in general also higher than 2m. As outlined in our previous
responses to you the regulations do not allow us to issue penalties to
these vehicles.

 

We have concluded that these vehicles should also be prohibited from the
tunnel and in view of the fact that this can’t be enforced by penalty
charge notice (PCN), a physical height barrier is in the process of being
designed. This will further restrict the vehicles entering the tunnel. It
is also likely that this will reduce the number of PCNs being issued as
some prohibited goods vehicles that have used the tunnel would be unable
to enter due to the physical restriction.

 

3 - Vehicles are getting larger and larger, hinting at more and more of
these large vehicles in the future. Was any planning done for this
evolution of the cars passing through the tunnel?

 

The current restrictions were put in place as part of the investigation
work that took place to inform the tunnel refurbishment project. Vehicle
size is part of the planning process for the designers and will inform the
updated tunnel systems when the refurbishment takes place in the future.

 

If this is not the information you are looking for, or if you are unable
to access it for some reason, please do not hesitate to contact me.

 

Please see the attached information sheet for details of your right to
appeal as well as information on copyright and what to do if you would
like to re-use any of the information we have disclosed.

 

Yours sincerely

 

Eva Hextall

FOI Case Officer

 

FOI Case Management Team

General Counsel

Transport for London

 

 

 

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Dear FOI,

Every single LEVC TX electric taxi is wider than 2m.
Every single LTI/LTC TX4 taxi is wider than 2m.

As per your rules, these vehicles are not allowed in the tunnel.
As per a previous FOI, not a single PCN has been issued in 2019 to either of these vehicle types.

Are you really telling me that such a divide between your rules and the facts has never been discussed?
Please provide us with a copy of these discussions.

Yours sincerely,

Olivier Rousseau

FOI, Transport for London

Thank you for your request for an internal review which was received on 5 March 2020.

You have stated that you are dissatisfied with the handling of your request for information under the Freedom of Information Act.

The review will be conducted by an internal review panel in accordance with TfL’s Internal Review Procedure, which is available via the following URL:

http://content.tfl.gov.uk/internal-revie...

Every effort will be made to provide you with a response by 3 April 2020. However, if the review will not be completed by this date, we will contact you and notify you of the revised response date as soon as possible.

Yours sincerely

Emma Flint
Principal Information Access Advisor
FOI Case Management Team
General Counsel

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FOI, Transport for London

Dear Mr Rousseau

 

I am contacting you regarding your request for an internal review
concerning the response provided to FOI-3431-1920. Following your email of
5 March 2020 a review has been carried out by an Independent Review Panel
(‘the Panel’) consisting of individuals who were not involved in the
handling of your request.

 

The Panel have liaised with the Customer Correspondence Manager for Road
User Charging, Congestion Charging & Traffic Enforcement, the Tunnel
Safety Officer for Investment Delivery Planning, the Compliance Delivery
Manager for Communications and the Surface Transport, Operations &
Development Manager for Road User Charging and the Panel can confirm that
the response provided to FOI 3431-1920 is correct and we do not hold
copies of discussion in relation to the information you seek.

 

As we have already advised in response to a previous FOI request you made
(FOI-2706-1920), we cannot issue PCNs to these vehicles as the legislation
does not allow us to. Currently the legislation only allows us to issue
penalties for goods vehicles which breach the weight restriction. We are
unable to issue penalty charge notices to any vehicle for height / width
and length infringements.

 

We can only issue decriminalised PCNs for the goods vehicle weight limit
at Rotherhithe. All the other restrictions at Rotherhithe are subject to
criminal enforcement by the Police.

 

The Government has announced a series of measures to tackle the
Coronavirus. It is essential for London, and in particular for all
critical workers, that we continue to provide a safe transport network
that enables them to make the journeys they need to.

 

In current circumstances, we are not able to answer FOI requests readily
and we ask that you please do not make a request to us at present.

 

Answering FOI requests will require the use of limited resources and the
attention of staff who could be supporting other essential activity. In
any event, please note that our response time will be affected by the
current situation.

 

The Panel appreciate that the above response will come as a disappointment
to you, however we hope that we have provided a better clarity in regards
to the information you requested in FOI-3431-1920. If you are dissatisfied
with the internal review actions to date please do not hesitate to contact
me or alternately you can refer the matter to the independent authority
responsible for enforcing the Freedom of Information Act, at the following
address:

 

Information Commissioner’s Office

Wycliffe House

Water Lane

Wilmslow

Cheshire SK9 5AF

 

A complaint form is also available on the ICO’s website
([1]www.ico.org.uk).

 

Yours sincerely

 

Emma Flint

Principal Information Access Adviser

FOI Case Management Team

Transport for London

[2][TfL request email]

 

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Olivier R left an annotation ()

TfL decided on some rules for the Rotherhithe tunnel that CANNOT be enforced as they say it is impossible for them to fine "passenger vehicles" that are "more than 2m wide".
Either they knew it was not possible to fine these vehicles, and then why did they make it a rule.
Or they did not know they could not enforce this rule and this is gross incompetence
Disappointing behaviour from TfL