Enforcement

Dear Mr Smithfield,

TfL Ref: FOI-2940-2122

Thank you for your request received by Transport for London (TfL) on 21^st
March 2022 asking for information about the enforcement of yellow box
junctions.

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

A response will be sent to you by 19^th April 2022.

We will publish anonymised versions of requests and responses on the
[1]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,

David Wells

FOI Case Officer

FOI Case Management Team

General Counsel

Transport for London

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Dear Mr Smithfield,

TfL Ref: FOI-2940-2122

I am writing further to my email of 25^th March 2022, below.

Your request is being considered in accordance with the requirements of
the Freedom of Information (FOI) Act and our information access policy. 

I can confirm we hold some of the information you require. However, in
accordance with Section 17 of the Freedom of Information Act we are still
considering the balance of the public interest in relation to a qualified
exemption that applies to the requested information and have not yet
reached a conclusion. The exemption under consideration is specified in
section 31 of the Freedom of Information Act, relating to ‘Law
Enforcement’. It is estimated that a decision will be reached by no later
than 17^th May 2022 and I will write again to inform you of that decision.

Please see the attached information sheet for details of your right to
appeal.

Yours sincerely,

David Wells

FOI Case Officer

FOI Case Management Team

General Counsel

Transport for London

From: FOI
Sent: 25 March 2022 10:23
To: 'Jack Smithfield' <[FOI #846127 email]>
Subject: FOI-2940-2122 Enforcement CRM:0139788

Dear Mr Smithfield,

TfL Ref: FOI-2940-2122

Thank you for your request received by Transport for London (TfL) on 21^st
March 2022 asking for information about the enforcement of yellow box
junctions.

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

A response will be sent to you by 19^th April 2022.

We will publish anonymised versions of requests and responses on the
[1]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,

David Wells

FOI Case Officer

FOI Case Management Team

General Counsel

Transport for London

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Dear Mr Smithfield,

TfL Ref: FOI-2940-2122

Thank you for your request received by Transport for London (TfL) on 21^st
March 2022 asking for information about the enforcement of yellow box
junctions.

Your request has been considered in accordance with the requirements of
the Freedom of Information Act and our information access policy. 

I can confirm that we hold some of the information you require. Your
questions are answered in turn below:

Question 1) a list of yellow boxes that are enforced and the number of
tickets issued to each in 2019?

Answer: The requested information is exempt from disclosure under section
31 of the Freedom of Information Act, which can apply where release of
information would be likely to prejudice the prevention of crime, or to
prejudice the apprehension or prosecution of offenders. This is because
the release of this information would reveal locations where enforcement
activity is less likely to be implemented and may therefore encourage
people to ignore restrictions at those junctions. Whilst we make no
suggestion that you would use this information for anything other than
your own interest, the disclosure of information under FOI has to be
regarded as a disclosure to the public at large.

The use of this exemption is subject to an assessment of the ‘public
interest test’ to determine whether the greater public interest rests in
the exemption applying and the information being withheld, or in releasing
it in any event. We recognise the need for openness and transparency by
public authorities and the fact that you have requested the information is
in itself an argument for release. However, in this instance we feel that
balance of public interest lies in favour of withholding the information
to ensure that we are able to manage traffic on the TfL Road Network. It
would be strongly against the public interest to release any information
that would undermine this. We consider that the release of this
information would lead to increased traffic problems as some motorists may
seek to take advantage of the information, which would have a detrimental
effect on street management.

Question 2) Any documents/correspondence detailing the decision making
process in choosing which boxes to enforce.

Answer: TfL monitors the Transport for London Road Network at all times to
identify any locations where compliance can be improved and which in turn
enhances traffic flow and pedestrian and cyclist safety on our roads. This
is how we decide which yellow boxes we enforce. There are no specific
documents or correspondence detailing this.

Question 3) Any evidence that fire engines have experienced reduced delay
as a result of enforcement outside West Hill and Homerton fire stations.
For example before/after data of fire engines exit being blocked.

Answer: TfL does not hold any such evidence. You may wish to re-direct
this question to the London Fire Brigade. FOI requests can be made via its
website here:
[1]https://www.london-fire.gov.uk/about-us/...

Question 4) Any documents/correspondence regarding the decision to install
a yellow box outside West Hill fire station.

Answer: West Hill, SW18, is on a busy stretch of the South Circular and
the Yellow Box Junction at West Hill Fire Station was installed following
a request from the fire service. Previously there were ‘keep clear’
markings on the carriageway but these were proving ineffective and the
fire service was experiencing problems exiting the station in emergency
situations. TfL marked the yellow box junction on West Hill (outside the
fire station) on the 21 March 2013 and enforcement at this yellow box
junction commenced on the 12 April 2013. TfL does not hold any documents
regarding the decision to install a yellow box at this location aside from
the email chain attached (note that we have a seven year retention period
for emails, and so anything prior to 2015 will have been deleted). Some
redactions have been made under section 40(2) of the Freedom of
Information Act, the exemption that protects against the unfair release of
personal data.

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,

David Wells

FOI Case Officer

FOI Case Management Team

General Counsel

Transport for London

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Dear Mr Smithfield,

TfL Ref: FOI-0224-2223

Thank you for your email of 3^rd May 2022.

A colleague will take forward your request for an Internal Review and will
be in touch shortly.

Your new request - asking for a list of boxes that were enforced in 2019 -
has been logged as a new request.

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

A response will be sent to you by 30^th May 2022.

We will publish anonymised versions of requests and responses on the
[1]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,

David Wells

FOI Case Officer

FOI Case Management Team

General Counsel

Transport for London

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TfL Ref: IRV-006-2223

Thank you for your email which was received by Transport for London (TfL) on 3 May 2022.

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

A review will be conducted by an internal review panel in accordance with TfL’s Internal Review Procedure, which is available via the following URL:
https://tfl.gov.uk/corporate/transparenc...

Every effort will be made to provide you with a response by 31 May 2022. 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.

In the meantime, if you would like to discuss this matter further, please feel free to contact me.
Yours sincerely

Emma Flint
Principal Information Access Adviser
FOI Case Management Team
Transport for London

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Dear Mr Smithfield

I am contacting you in regards to your request for an internal review of
TfL’s response to your request for information under the Freedom of
Information (FOI) Act 2000. Following your email of 3 May 2022 a review
has been carried out by a panel who were not involved in preparing the
original response (FOI-2940-2122).

To confirm, on the 21 March you specifically asked for – “

1) a list of yellow boxes that are enforced and the number of tickets
issued to each in 2019

2) Any documents/correspondence detailing the decision making process in
choosing which boxes to enforce.

3) Any evidence that fire engines have experienced reduced delay as a
result of enforcement outside West Hill and Homerton fire stations. For
example before/after data of fire engines exit being blocked.

4) Any documents/correspondence regarding the decision to install a yellow
box outside West Hill fire station.

In relation to your request for how many yellow box junctions that are
currently enforced and the number of tickets issues to each in 2019
(question 1), you have challenged the application of the exemption
contained in section 31 of the FOI Act, which relates to law enforcement.
Specifically, the response had applied section 31(1)(b), which relates to
information whose disclosure would be likely to prejudice the apprehension
or prosecution of offenders, and section 31(1)(g), which relates to
information whose disclosure would be likely to prejudice the exercise by
any public authority of its functions or any of the purposes listed in
subsection 31(2) of the FOI Act. In this case, this is section 31(2)(a) –
the purpose of ascertaining whether any person has failed to comply with
the law.

The review noted your comments that  “Enforcement of moving traffic
offences is not a "crime" it is decriminalised / Other authorities such as
Barnet list the information on their website so it seems that range that
TfL would need to hide it and TfL has provided this information in the
past”. We are unable to comment on disclosure decisions made by other
local authorities. All requests received by TfL under the FOIA are
individually assessed on a case by case basis at the time they are
received, taking into account any and all mitigating factors that may be
applicable at that specific time. It would be unduly restrictive to not
consider any future impact that a disclosure of detailed enforcement
information in response to your request could have, particularly in the
context of providing this narrowed information into the public domain.
Indeed the effect of disclosure is critical in determining whether an
exemption should be applied, particularly in the context of the prejudice
test.

The prejudice test is not limited to the harm that could be caused by the
requested information on its own. Account can be taken of any harm likely
to arise if the requested information were put together with other
information already published into the public domain. This is commonly
known as the ‘mosaic effect’. The mosaic effect considers the prejudice
that would be caused if the requested information was combined with other
enforcement information already available to the public.

Should the information you requested be disclosed, it would be likely to
lead to further continued requests concerning other precise enforcement
locations which would enable others to build up a database of enforcement
functionality, as well as attempt to predict when cameras may or may not
be operational by searching for any patterns that may be perceived. Yellow
box junction enforcement must be adhered to at all times, irrespective of
whether a camera is in place and/or functional. The panel considers that
there is a very real risk that disclosure would be likely to increase the
confidence of anyone inclined to contravene these restrictions, even if
that confidence is ultimately misguided or irrational.

Local Authorities have a Network Management Duty under the TMA2004 to
ensure the safe and expeditious movement of traffic (this includes all
modes of transport covering pedestrians, cyclists and buses etc.) Traffic
regulations and controls allow TfL to meet that duty and it’s crucial that
drivers obey the regulations that are in place. It would be impractical
and financially imprudent for an Authority to have 24/7 enforcement
monitoring capabilities across the whole of a vast transport network.
Every Authority therefore must rely on an overall deterrent effect through
targeted enforcement so drivers take more heed along their entire journey.
By continuing to publish information concerning TfL’s enforcement capacity
or precise locations of cameras and/or sites at which the most enforcement
takes place would, in effect, provide knowledge of areas where enforcement
action is not as heavily targeted, thus negating any deterrent for drivers
to adhere to the regulations.

Given the changes due to COVID-19, TfL have needed to readdress some of
our traffic management priorities to provide for much more walking and
cycling across our network and support a non-car based recovery. Due to
this it is even more crucial that drivers continue to adhere to the
current enforcement regulations particularly in relation to the changes
TfL have implemented across the network to assist in transporting children
across the capital safely when returning to school, as well as the need
for more walking and cycling capabilities.

The panel also noted that, while section 31(1) does refer to information
whose disclosure would, or would be likely to, prejudice the prevention or
detection of crime, the other provisions of section 31 do not specify that
they must relate to criminal activity, but only that they relate to law
enforcement. Since the panel agrees that disclosure is likely to lead to
an increase in individuals attempting to circumnavigate yellow box
enforcement, it is satisfied that disclosure would be likely to prejudice
the prevention or detection of crime’ and therefore the exemption is
engaged.

Additionally during this review the Panel have also made reference to a
recent Decision Notice issued by the Information Commissioner upholding
TfL’s application of s31 in relation to traffic enforcement across the
TLRN. The link provided to this Decision Notice will give you further
insight into the exemption considerations concerning the application of
s31 to traffic enforcement and enforcement locations, a copy is also
attached for your convenience.

[1]https://ico.org.uk/media/action-weve-tak....

As section 31 is a qualified exemption, the review considered the balance
of the public interest, but felt that this was correctly applied in the
original response. While there is a general public interest in openness
and in being able to assess TfL’s performance of its public functions, the
panel did not consider that there are any strong public interest grounds
in favour of disclosing this information. On the other hand, there is a
very strong public interest in maximising the ability of traffic to move
along the TfL Road Network safely, and this is reflected in TfL’s legal
duty to ensure that this happens. It would be strongly against the public
interest to release any information that would undermine this and lead to
any increase in illegal or unsafe driving practices.

We consider it is highly likely that the release of this information would
lead to increased problems as some motorists would inevitably seek to take
advantage of the information by attempting to ascertain areas that we may
not currently enforce. This would in turn have a further effect that TfL
would have to divert further resources to enforcing more zones, which
would be likely to involve increased staff and direct costs. It would not
be in the public interest to limit TfL’s ability to make the most
efficient use of its limited funds in this manner. Consequently the review
has upheld the use of the exemption referred to above.

If you are dissatisfied with the internal review actions to date please do
not hesitate to contact me ([2][TfL request email]) 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
([3]www.ico.org.uk).

Yours sincerely

Emma Flint

Principal Information Access Adviser

FOI Case Management Team

Transport for London

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References

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Dear Mr Smithfield,

TfL Ref: FOI-0224-2223

Thank you for your further request of 3^rd May 2022, following up your
previous request under reference FOI-2940-2122 about yellow box junction
enforcement.

Your request has been considered in accordance with the requirements of
the Freedom of Information Act and our information access policy. 

Specifically you asked:

“As a compromise please provide the list of boxes that were enforced in
2019 rather than currently. It couldn't possibly be claimed that would
prejudice anything in 2022.”

I can confirm that we hold the information you require. However, the
information is exempt from disclosure under section 31 of the Freedom of
Information Act for the same reasons as set out in my previous response,
and as further explained in the response to your Internal Review request
in relation to that case. The number and location of boxes that are
enforced does not vary significantly year on year, and releasing the
information for the year 2019 would be akin to releasing the same
information for the present day. The public interest arguments in
maintaining the exemption are therefore the same as set out in our
previous correspondence.

Please see the attached information sheet for details of your right to
appeal.

Yours sincerely,

David Wells

FOI Case Officer

FOI Case Management Team

General Counsel

Transport for London

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