GOVERNMENT GUIDANCE - TFL POLICY – Yellow Box Junctions – 20MPH Limits – Bus Lanes
Dear Transport for London,
-
In Sept 2023, the government announced new measures to be fair to drivers.
https://www.gov.uk/government/news/gover...
“Transport Secretary Mark Harper has today (29 September 2023) set out plans to protect drivers from over-zealous traffic enforcement, as part of a long-term government plan to back drivers.”
-
The government also announced changes to national guidance to address the following.
“options to restrict the ability of local authorities to generate revenue surpluses from traffic offences and over-zealous traffic enforcement, such as yellow-box junctions.”
QUESTION - How is TFL changing its enforcement practices to comply with this?
It is believed that TFL has no evidence that its enforcement of yellow-box junctions has improved traffic flow.
Instead the evidence is in fact that it has made traffic flow worse.
QUESTION - What evidence does TFL have on the impact of its enforcement of yellow-box junctions?
-
“To make life easier for drivers and help traffic flow better, the Department for Transport will strengthen guidance to make sure bus lanes only operate when necessary and a consultation will be launched on motorcycles using bus lanes.”
QUESTION - How is TFL responding to the government requirement “to make sure bus lanes only operate when necessary” – for example by reviewing and then removing most 24-7 bus lanes, and those applying every day of the week, and restricting them to, for example MF 7-10 and 4-7, or Mon-Sat 8am-12pm, or Mon-Fri 7-10 northbound and 4-7 southbound?
QUESTION - Will TFL now actively promote the use of bus lanes by motor cycles – as this will not impede bus movement, and should improve overall traffic flow?
-
The government also announced it was:
“Reviewing guidance on 20mph speed limits in England to prevent their blanket use in areas where it’s not appropriate and amending guidance on low traffic neighbourhoods to focus on local consent.”
QUESTION - How is TFL responding to this government requirement – for example by making sure 20mph speed limits and LTN’s are really supported across the general public who are impacted by them?
QUESTION – How did TFL ensure that its new 20mph speed limits along the TLRN in south London were really supported across the general public who are impacted by them?
QUESTION – What advice is TFL now giving councils to ensure that any LTN’s that they promote – or which TFL fund – are really supported across the general public who are impacted by them?
-
The government also announced:
“In the continued drive to tackle potholes, the government will support councils to introduce more lane rental schemes, where utility companies are required to pay to dig up the busiest roads at peak times.”
QUESTION - How is TFL responding to this government requirement – as far too often key busy main roads are disrupted for days on end, while work only happens for around 40 hours out of the 168 in each week?
QUESTION - How does TFL ensure that planned works on main roads operate for much longer than the normal working day, and minimise disruption at busy times?
For example, by setting work permit conditions that work shall work throughout the hours of daylight, and all weekends, shall operate 24-7 where disruption is severe – and where possible take place at offpeak hours, for example, at weekends and not between 0700 and 1900 on Mon-Fri?
-
Yours faithfully,
Abdul Sulieman
Dear Transport for London,
I sent this FOI Request 10 days ago.
Could you kindly confirm safe receipt and that this is in hand?
Yours faithfully,
Abdul Sulieman
Dear Abdul Sulieman
Thank you for your email enquiry, please accept my apologies for the delay in responding.
To confirm, as your enquiry requires an explanatory response and / or opinion rather than recorded data, it falls outside the remit of the FOIA. Therefore we have passed your enquiry to our Road User Charging Team who are best placed to assist you further.
They will contact you directly in due course.
Sincerely
Emma Flint
Principal Information Access Adviser
FOI Case Management Team
Transport for London
Dear FOI,
Thank you for your reply.
However you appear to have misconstrued the FOI Request.
It has nothing to do with Road User Charging.
-
The ICO state that “The Act covers any recorded information that is held by a public authority”.
“Recorded information includes printed documents, computer files, letters, emails, photographs, and sound or video recordings”.
https://ico.org.uk/for-organisations/foi...
-
This FOI Request asked a number of questions – in fact nine.
In respect of each question, TFL should state either that:
- TFL has relevant information
- TFL does not have relevant information
- TFL is unsure whether it has relevant information
It would clearly be helpful if TFL offered any explanation it may have for not doing as suggested, where that is the case (second option each time below).
Thus:
Q1 – TFL has made the following changes as a result of the UKG guidance …. (excessive penalties)
OR
TFL has not made and has no plans to make any changes as a result of the UKG guidance.
Q2 - TFL has the following evidence on the impact on traffic flow of its enforcement of yellow-box junctions ……
OR
TFL has no evidence and has no plans to obtain evidence on the impact on traffic flow of its enforcement of yellow-box junctions?
Q3 – TFL is responding to the government requirement …. by … (re times operation of bus lanes).
OR
TFL is not responding and has no plans to respond to the government requirement ….
Q4 - TFL will now actively promote the use of bus lanes by motor cycles.
OR
TFL will not now actively promote the use of bus lanes by motor cycles.
Q5 – TFL is responding to the government requirement …. by … (20mph limits + LTN’s).
OR
TFL is not responding and has no plans to respond to the government requirement ….
Q6 - TFL ensured that its new 20mph speed limits along the TLRN in south London were really supported across the general public who are impacted by them - by ….
OR
TFL did not ensure that its new 20mph speed limits along the TLRN in south London were really supported across the general public who are impacted by them.
Q7 - TFL is now giving the following advice to councils to ensure that any LTN’s that they promote – or which TFL fund – are really supported across the general public who are impacted by them - …..
OR
TFL is not now giving and has no plans to give any advice ….
Q8 - TFL is responding to the government requirement …. by … (utility road works).
OR
TFL is not responding and has no plans to respond to the government requirement ….
Q9 - TFL will ensure that planned works on main roads operate for much longer than the normal working day, and minimise disruption at busy times – by ….
OR
TFL will not ensure and has no plans to ensure that planned works on main roads operate for much longer than the normal working day, and minimise disruption at busy times.
These should not be difficult questions to answer in the terms stated.
-
Yours sincerely,
Abdul Sulieman
Dear FOI,
Following your email of 14-2-24, I sent you a Follow-up enquiry on 16-2-24, setting out how my FOI Request should be addressed.
As 10 days have passed without reply or acknowledgement, I write to enquire as to the situation?
Yours sincerely,
Abdul Sulieman
Dear Abdul Sulieman,
Our ref: FOI-4328-2324
Thank you for your request received by Transport for London (TfL) on 03
February 2024 asking for information about yellow box junctions.
Your request has been considered under the requirements of the
Environmental Information Regulations and our information access policy.
Your request is being refused under Regulation 12(4)(b) of the EIR on the
basis that it is ‘manifestly unreasonable’. There is no single source of
information within TfL from which to source this response and data in the
granular detail you are seeking, as they are not held in a single
suppository from which they could be extracted, reviewed and collated
accordingly.
The use of this exception is subject to a public interest test, which
requires us to consider whether the public interest in applying the
exception outweighs the public interest in disclosure. We recognise that
the release of information would promote accountability and transparency
in public services and also help address concerns about this project.
However, the time it would take to provide the information you have
requested would divert a disproportionate amount of our resources from its
core functions and on balance we consider that the public interest
currently favours the use of the exception.
We will consider your request again, if you are able to narrow its scope
so that we can more easily locate, retrieve and extract the information
you are seeking.
If you are not satisfied with this response please see the attached
information sheet for details of your right to appeal.
Yours sincerely,
Tahsin Prima
FOI Case Officer
General Counsel
Transport for London
Dear Transport for London,
-
In Sept 2023, the government announced new measures to be fair to drivers.
[1]https://www.gov.uk/government/news/gover...
“Transport Secretary Mark Harper has today (29 September 2023) set out
plans to protect drivers from over-zealous traffic enforcement, as part of
a long-term government plan to back drivers.”
-
The government also announced changes to national guidance to address the
following.
“options to restrict the ability of local authorities to generate revenue
surpluses from traffic offences and over-zealous traffic enforcement, such
as yellow-box junctions.”
QUESTION - How is TFL changing its enforcement practices to comply with
this?
It is believed that TFL has no evidence that its enforcement of yellow-box
junctions has improved traffic flow.
Instead the evidence is in fact that it has made traffic flow worse.
QUESTION - What evidence does TFL have on the impact of its enforcement of
yellow-box junctions?
-
“To make life easier for drivers and help traffic flow better, the
Department for Transport will strengthen guidance to make sure bus lanes
only operate when necessary and a consultation will be launched on
motorcycles using bus lanes.”
QUESTION - How is TFL responding to the government requirement “to make
sure bus lanes only operate when necessary” – for example by reviewing and
then removing most 24-7 bus lanes, and those applying every day of the
week, and restricting them to, for example MF 7-10 and 4-7, or Mon-Sat
8am-12pm, or Mon-Fri 7-10 northbound and 4-7 southbound?
QUESTION - Will TFL now actively promote the use of bus lanes by motor
cycles – as this will not impede bus movement, and should improve overall
traffic flow?
-
The government also announced it was:
“Reviewing guidance on 20mph speed limits in England to prevent their
blanket use in areas where it’s not appropriate and amending guidance on
low traffic neighbourhoods to focus on local consent.”
QUESTION - How is TFL responding to this government requirement – for
example by making sure 20mph speed limits and LTN’s are really supported
across the general public who are impacted by them?
QUESTION – How did TFL ensure that its new 20mph speed limits along the
TLRN in south London were really supported across the general public who
are impacted by them?
QUESTION – What advice is TFL now giving councils to ensure that any LTN’s
that they promote – or which TFL fund – are really supported across the
general public who are impacted by them?
-
The government also announced:
“In the continued drive to tackle potholes, the government will support
councils to introduce more lane rental schemes, where utility companies
are required to pay to dig up the busiest roads at peak times.”
QUESTION - How is TFL responding to this government requirement – as far
too often key busy main roads are disrupted for days on end, while work
only happens for around 40 hours out of the 168 in each week?
QUESTION - How does TFL ensure that planned works on main roads operate
for much longer than the normal working day, and minimise disruption at
busy times?
For example, by setting work permit conditions that work shall work
throughout the hours of daylight, and all weekends, shall operate 24-7
where disruption is severe – and where possible take place at offpeak
hours, for example, at weekends and not between 0700 and 1900 on Mon-Fri?
This message has been scanned for malware by Forcepoint. [2]www.forcepoint.com
References
Visible links
1. https://www.gov.uk/government/news/gover...
2. http://www.forcepoint.com/
Dear Abdul Sulieman,
Our ref: FOI-4328-2324
Thank you for your request received by Transport for London (TfL) on 03
February 2024 asking for information about yellow box junctions.
Your request has been considered under the requirements of the
Environmental Information Regulations and our information access policy.
Your request is being refused under Regulation 12(4)(b) of the EIR on the
basis that it is ‘manifestly unreasonable’. There is no single source of
information within TfL from which to source this response and data in the
granular detail you are seeking, as they are not held in a single
suppository from which they could be extracted, reviewed and collated
accordingly.
The use of this exception is subject to a public interest test, which
requires us to consider whether the public interest in applying the
exception outweighs the public interest in disclosure. We recognise that
the release of information would promote accountability and transparency
in public services and also help address concerns about this project.
However, the time it would take to provide the information you have
requested would divert a disproportionate amount of our resources from its
core functions and on balance we consider that the public interest
currently favours the use of the exception.
We will consider your request again, if you are able to narrow its scope
so that we can more easily locate, retrieve and extract the information
you are seeking.
If you are not satisfied with this response please see the attached
information sheet for details of your right to appeal.
Yours sincerely,
Tahsin Prima
FOI Case Officer
General Counsel
Transport for London
Dear Transport for London,
-
In Sept 2023, the government announced new measures to be fair to drivers.
[1]https://www.gov.uk/government/news/gover...
“Transport Secretary Mark Harper has today (29 September 2023) set out
plans to protect drivers from over-zealous traffic enforcement, as part of
a long-term government plan to back drivers.”
-
The government also announced changes to national guidance to address the
following.
“options to restrict the ability of local authorities to generate revenue
surpluses from traffic offences and over-zealous traffic enforcement, such
as yellow-box junctions.”
QUESTION - How is TFL changing its enforcement practices to comply with
this?
It is believed that TFL has no evidence that its enforcement of yellow-box
junctions has improved traffic flow.
Instead the evidence is in fact that it has made traffic flow worse.
QUESTION - What evidence does TFL have on the impact of its enforcement of
yellow-box junctions?
-
“To make life easier for drivers and help traffic flow better, the
Department for Transport will strengthen guidance to make sure bus lanes
only operate when necessary and a consultation will be launched on
motorcycles using bus lanes.”
QUESTION - How is TFL responding to the government requirement “to make
sure bus lanes only operate when necessary” – for example by reviewing and
then removing most 24-7 bus lanes, and those applying every day of the
week, and restricting them to, for example MF 7-10 and 4-7, or Mon-Sat
8am-12pm, or Mon-Fri 7-10 northbound and 4-7 southbound?
QUESTION - Will TFL now actively promote the use of bus lanes by motor
cycles – as this will not impede bus movement, and should improve overall
traffic flow?
-
The government also announced it was:
“Reviewing guidance on 20mph speed limits in England to prevent their
blanket use in areas where it’s not appropriate and amending guidance on
low traffic neighbourhoods to focus on local consent.”
QUESTION - How is TFL responding to this government requirement – for
example by making sure 20mph speed limits and LTN’s are really supported
across the general public who are impacted by them?
QUESTION – How did TFL ensure that its new 20mph speed limits along the
TLRN in south London were really supported across the general public who
are impacted by them?
QUESTION – What advice is TFL now giving councils to ensure that any LTN’s
that they promote – or which TFL fund – are really supported across the
general public who are impacted by them?
-
The government also announced:
“In the continued drive to tackle potholes, the government will support
councils to introduce more lane rental schemes, where utility companies
are required to pay to dig up the busiest roads at peak times.”
QUESTION - How is TFL responding to this government requirement – as far
too often key busy main roads are disrupted for days on end, while work
only happens for around 40 hours out of the 168 in each week?
QUESTION - How does TFL ensure that planned works on main roads operate
for much longer than the normal working day, and minimise disruption at
busy times?
For example, by setting work permit conditions that work shall work
throughout the hours of daylight, and all weekends, shall operate 24-7
where disruption is severe – and where possible take place at offpeak
hours, for example, at weekends and not between 0700 and 1900 on Mon-Fri?
This message has been scanned for malware by Forcepoint. [2]www.forcepoint.com
References
Visible links
1. https://www.gov.uk/government/news/gover...
2. http://www.forcepoint.com/
Dear Transport for London,
`
Please pass this on to the person who conducts Freedom of Information reviews.
I am writing to request an internal review of Transport for London's handling of my FOI request 'GOVERNMENT GUIDANCE - TFL POLICY – Yellow Box Junctions – 20MPH Limits – Bus Lanes'.
`
A - On 3-2-24, the original FOI Request was submitted.
This received no response from TFL until after a reminder was sent 10 days later on 13-2-24.
TFL then stated it is not covered by FOI or EIR, and was being passed to “Road User Charging”.
`
B – This was an incorrect response.
The original FOI Request was a valid request for information, and it had nothing to do with “Road User Charging”.
`
C – On 16-2-24, the original FOI Request was clarified.
Firstly, TFL is required to state whether it has or does not have the information.
Then, in this case there are nine simple alternative responses from TFL to the nine Questions.
`
D – This email received no response from TFL until after a reminder was sent 10 days later on 26-2-24.
`
E – Now TFL have sent two identical emails dated 27-2-24, referring to the original request of 3-2-24, which contains six paragraphs, refusing the FOI Request as being manifestly unreasonable.
The first mis-states the subject of the FOI Request.
The remainder are absolutely standard generic paragraphs, which do not relate specifically to this FOI Request at all.
TFL has ignored its duty to say whether it has any of the information.
TFL has largely ignored its duty to assist.
`
F – TFL appear to have totally ignored the follow-up clarification on 16-2-24.
TFL have provided absolutely no specific explanation for why this particular FOI Requests falls under the exception.
`
*** TFL’s response is itself “manifestly unreasonable”. ***
Please refer to
https://ico.org.uk/for-organisations/foi...
`
G – ICO Guidance makes clear that:
“You can refuse a request for information that is manifestly unreasonable. The inclusion of the word “manifestly” means that there must be an obvious or clear quality to the unreasonableness.”
“The purpose of the exception is to protect public authorities from a manifestly unjustified, inappropriate or improper use of the EIR. We therefore consider the key question you should ask yourself is whether the request is likely to cause a disproportionate cost or burden, or an unjustified level of distress, disruption or irritation.
“This is the same question posed when looking at vexatious requests under section 14(1) of FOIA. Manifestly unreasonable and vexatious are essentially the same.”
`
*** There was nothing about this FOI Request that was clearly or obviously unjustified or unreasonable. ***
`
H – This FOI Request mentioned national government guidance issued in Sept 2023 to council highway authorities, making clear government expectations in how councils fulfil their traffic management responsibilities.
`
I – It is eminently reasonable to expect that TFL would have decided by Feb 2024, four complete months having passed, whether and how to respond to the guidance.
`
J –The FOI Request, as clarified, identified nine specific policy areas, each of which was mentioned explicitly by the government guidance, and asked whether and how TFL intended to respond to what the government was saying in each area.
`
K – There is a clear and strong public interest in establishing whether and how TFL will respond to these issues.
Each is a matter of considerable public controversy.
In each case, national government is asking for changes which would impact on TFL traffic management.
It cannot be burdensome to find out from someone with managerial authority for TFL traffic management policy the answers to these questions.
`
L – Any reasonable person would say that TFL should respond to this FOI Request as indicated.
The obvious reason that TFL would prefer not to do so is because the answer would expose TFL as acting and continuing to act contrary to express government policy.
`
M – The fact that the answers to an FOI Request would be politically embarrassing to a public authority is no justification for refusing to give the answers.
`
N – It is clear on Review that this FOI Request has not been handled properly, and that TFL should now produce the answers to the questions broadly as set out in the email of 16-2-24.
`
A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/g...
`
Yours faithfully,
Abdul Sulieman
TfL Ref: IRV-224-2324
Thank you for your email which was received by Transport for London (TfL) on 27 February 2024.
You have expressed that you are dissatisfied with the handling of part 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 26 March 2024. 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 contact me.
Emma Flint
Principal Information Access Adviser
FOI Case Management Team
Transport for London
Dear Abdul Sulieman
I am contacting you with regards to your emails of the 27 February
concerning the responses provided to FOI-4328-2324. Following your email 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
requests.
To confirm your original request of 3 February asked for the following -
In Sept 2023, the government announced new measures to be fair to drivers.
[1]https://www.gov.uk/government/news/gover...
“Transport Secretary Mark Harper has today (29 September 2023) set out
plans to protect drivers from over-zealous traffic enforcement, as part of
a long-term government plan to back drivers.”
-
The government also announced changes to national guidance to address the
following.
“options to restrict the ability of local authorities to generate revenue
surpluses from traffic offences and over-zealous traffic enforcement, such
as yellow-box junctions.”
QUESTION - How is TFL changing its enforcement practices to comply with
this?
It is believed that TFL has no evidence that its enforcement of yellow-box
junctions has improved traffic flow.
Instead the evidence is in fact that it has made traffic flow worse.
QUESTION - What evidence does TFL have on the impact of its enforcement of
yellow-box junctions?
-
“To make life easier for drivers and help traffic flow better, the
Department for Transport will strengthen guidance to make sure bus lanes
only operate when necessary and a consultation will be launched on
motorcycles using bus lanes.”
QUESTION - How is TFL responding to the government requirement “to make
sure bus lanes only operate when necessary” – for example by reviewing and
then removing most 24-7 bus lanes, and those applying every day of the
week, and restricting them to, for example MF 7-10 and 4-7, or Mon-Sat
8am-12pm, or Mon-Fri 7-10 northbound and 4-7 southbound?
QUESTION - Will TFL now actively promote the use of bus lanes by motor
cycles – as this will not impede bus movement, and should improve overall
traffic flow?
-
The government also announced it was:
“Reviewing guidance on 20mph speed limits in England to prevent their
blanket use in areas where it’s not appropriate and amending guidance on
low traffic neighbourhoods to focus on local consent.”
QUESTION - How is TFL responding to this government requirement – for
example by making sure 20mph speed limits and LTN’s are really supported
across the general public who are impacted by them?
QUESTION – How did TFL ensure that its new 20mph speed limits along the
TLRN in south London were really supported across the general public who
are impacted by them?
QUESTION – What advice is TFL now giving councils to ensure that any LTN’s
that they promote – or which TFL fund – are really supported across the
general public who are impacted by them?
-
The government also announced:
“In the continued drive to tackle potholes, the government will support
councils to introduce more lane rental schemes, where utility companies
are required to pay to dig up the busiest roads at peak times.”
QUESTION - How is TFL responding to this government requirement – as far
too often key busy main roads are disrupted for days on end, while work
only happens for around 40 hours out of the 168 in each week?
QUESTION - How does TFL ensure that planned works on main roads operate
for much longer than the normal working day, and minimise disruption at
busy times?
For example, by setting work permit conditions that work shall work
throughout the hours of daylight, and all weekends, shall operate 24-7
where disruption is severe – and where possible take place at offpeak
hours, for example, at weekends and not between 0700 and 1900 on Mon-Fri?
Due to the open ended nature of your questions, we advised that our Road
User Charging Team would be best placed to assist you and advised that
your enquiry had been forwarded to the appropriate team who would open a
dialogue with you regarding your queries. As your request has been made
through the What Do They Know website, the FOI Case Management team were
unable to provide the direct contact email for the Road User Charging team
as it would automatically be removed from the response. However if you
would like the direct contact details please provide a separate email
address and we can send this to you.
Your subsequent email of 16 February stated - Thank you for your reply.
However you appear to have misconstrued the FOI Request. It has nothing to
do with Road User Charging.
The ICO state that “The Act covers any recorded information that is held
by a public authority”.
“Recorded information includes printed documents, computer files, letters,
emails, photographs, and sound or video recordings”.
[2]https://ico.org.uk/for-organisations/foi...
-
This FOI Request asked a number of questions – in fact nine.
In respect of each question, TFL should state either that:
- TFL has relevant information
- TFL does not have relevant information
- TFL is unsure whether it has relevant information
It would clearly be helpful if TFL offered any explanation it may have for
not doing as suggested, where that is the case (second option each time
below).
Thus:
Q1 – TFL has made the following changes as a result of the UKG guidance ….
(excessive penalties)
OR
TFL has not made and has no plans to make any changes as a result of the
UKG guidance.
Q2 - TFL has the following evidence on the impact on traffic flow of its
enforcement of yellow-box junctions ……
OR
TFL has no evidence and has no plans to obtain evidence on the impact on
traffic flow of its enforcement of yellow-box junctions?
Q3 – TFL is responding to the government requirement …. by … (re times
operation of bus lanes).
OR
TFL is not responding and has no plans to respond to the government
requirement ….
Q4 - TFL will now actively promote the use of bus lanes by motor cycles.
OR
TFL will not now actively promote the use of bus lanes by motor cycles.
Q5 – TFL is responding to the government requirement …. by … (20mph limits
+ LTN’s).
OR
TFL is not responding and has no plans to respond to the government
requirement ….
Q6 - TFL ensured that its new 20mph speed limits along the TLRN in south
London were really supported across the general public who are impacted by
them - by ….
OR
TFL did not ensure that its new 20mph speed limits along the TLRN in south
London were really supported across the general public who are impacted by
them.
Q7 - TFL is now giving the following advice to councils to ensure that any
LTN’s that they promote – or which TFL fund – are really supported across
the general public who are impacted by them - …..
OR
TFL is not now giving and has no plans to give any advice ….
Q8 - TFL is responding to the government requirement …. by … (utility road
works).
OR
TFL is not responding and has no plans to respond to the government
requirement ….
Q9 - TFL will ensure that planned works on main roads operate for much
longer than the normal working day, and minimise disruption at busy times
– by ….
OR
TFL will not ensure and has no plans to ensure that planned works on main
roads operate for much longer than the normal working day, and minimise
disruption at busy times.
These should not be difficult questions to answer in the terms stated.
Your assertion that your enquiries would have no relevance to TfL’s Road
User Charging team is incorrect as the team cover a variety of
responsibilities on the Transport for London Road Network (TLRN) and
whilst the panel still agree that your enquiry would be best addressed via
a different avenue as suggested originally, as per your email of 16
February the FOI Case Management team went on to consider your request
under the Environment Information Regulation (EIR).
To provide you with further context “environmental information” refers to
any information in written, visual, aural, electronic or any other
material form on—
(a) the state of the elements of the environment, such as air and
atmosphere, water, soil, land, landscape and natural sites including
wetlands, coastal and marine areas, biological diversity and its
components, including genetically modified organisms, and the interaction
among these elements;
(b) factors, such as substances, energy, noise, radiation or waste,
including radioactive waste, emissions, discharges and other releases into
the environment, affecting or likely to affect the elements of the
environment referred to in (a);
(c) measures (including administrative measures), such as policies,
legislation, plans, programmes, environmental agreements, and activities
affecting or likely to affect the elements and factors referred to in (a)
and (b) as well as measures or activities designed to protect those
elements;
(d) reports on the implementation of environmental legislation;
(e) cost-benefit and other economic analyses and assumptions used within
the framework of the measures and activities referred to in (c); and
(f) the state of human health and safety, including the contamination of
the food chain, where relevant, conditions of human life, cultural sites
and built structures inasmuch as they are or may be affected by the state
of the elements of the environment referred to in (a) or, through those
elements, by any of the matters referred to in (b) and (c);
The definition of environmental information encompasses recorded
information in any material form, including:
• emails;
• drawings;
• sound recordings;
• CCTV recordings; and
• hard copies of letters and other documents.
As you are seeking responses to questions concerning traffic flow on the
TLRN the FOI Case Management Team considered your 9 questions to be
environmental and took them forward in accordance with EIR.
In the reply of 27 February, it was explained that under regulation
12(4)(b) of the Environmental Information Regulations (EIR), we are not
obliged to comply with a request(s) if we believe that it is ‘manifestly
unreasonable’ to provide all of the information you have requested, as it
would impose an unjustified burden and significant impact on TfL staff
requiring an unreasonable diversion of limited staff resources. Contrary
to your email of 16 February where you assert that “These should not be
difficult questions to answer “ your questions are very wide and general
in scope in what you seek, with no reference to any kind of specified
recorded documentation or a time period that they should cover. Therefore
to address your questions would require the input of many different
specialist subject matter experts across multiple teams within the
organisation, placing an onerous burden of staff resource to address. Even
then, due to the generality and open interpretation of your questions we
could not be sure we had provided enough satisfactory responses to what
you seek, meaning further responses on this matter would likely continue
to be sought.
To explain further, the EIR allow public authorities to refuse a
request(s) for information which is manifestly unreasonable. The inclusion
of the word “manifestly” means that there must be an obvious or clear
quality to the unreasonableness. The purpose of the applied exception is
to protect a public authority from exposure to a disproportionate burden
or an unjustified level of distress, disruption or irritation, in handling
information requests. This exception can be used when the cost of
compliance with the request(s) would be too great or is vexatious. In
assessing whether the cost or burden of dealing with a request(s) is ‘too
great’, a public authority is required to consider the proportionality of
the burden or costs involved and decide whether they are clearly or
obviously unreasonable.
The Information Commissioners position is that there are occasions where
it is permissible to consider a number of EIR requests together when
deciding if they are manifestly unreasonable because of cost or burden.
This is in line with the approach to requests considered manifestly
unreasonable on the grounds that they are vexatious in the wider sense,
where the context in which they are made can be taken into account.
This means taking into account all the circumstances of the case
including:
- the nature of the request and any wider value in the requested
information being made publicly available;
- the importance of any underlying issue to which the request relates, and
the extent to which responding to the request would illuminate that issue;
- the size of the public authority and the resources available to it,
including the extent to which the public authority would be distracted
from delivering other services; and
- the context in which the request is made, which may include the burden
of responding to other requests on the same subject from the same
requester.
In your request you have asked 9 wide ranging questions and this current
line of information and data being sought by yourself would divert staff
away from their core functions within the organisation for unjustified
amounts of time and impose undue burden onto specialised subject matter
experts to undertake.
TfL’s FOI Case Management Team adhere to the Information Commissioners
(ICO) guidance on the application of section 14(1) under the Freedom of
Information Act which, as outlined above, is one of the indicators that
the ICO measures against when considering if a request has an “obvious or
clear quality of unreasonableness” under regulation 12(4)(b). This is
described by the ICO as “The effort required to meet the request will be
so grossly oppressive in terms of the strain on time and resources, that
the authority cannot reasonably be expected to comply, no matter how
legitimate the subject matter or valid the intentions of the requester”.
Additionally the ICO’s guidance advises that consideration is given to
whether the request -
• Imposes a burden by obliging the authority to sift through a substantial
volume of information to isolate and extract the relevant details;
• Creates a burden by requiring the authority to spend a considerable
amount of time considering any exemptions and redactions.
In relation to the application of regulation 12(4)(b) to refuse your
requests we consider that all of these elements are met. The above makes
no judgement on the motive of a request but does focus on the burden
created. We do wish to clarify that whilst the review does agree that your
request appropriately engages regulation 12(4)(b), this does not reflect a
conclusion that it has been your intention to deliberately place an undue
burden on our resources.
We are fully aware of the importance of accountability and the strong
argument it provides for the release of information that enables the
public to satisfy themselves that we have the appropriate mechanisms in
place and have thoroughly considered the subject matter, however we
maintain that the time it would take to provide the all the information
you have requested would divert a disproportionate amount of resources
from its core functions. Therefore on balance we consider that the public
interest currently favours the use of the exception and the application of
regulation 12(4)(b).
The panel note that across in your email of 3 February there is a mix of
questions, commentary and references to other sources of information. We
suggest to try and simplify the process and allow us to try and assist you
that you submit a singular request which contains narrow focused questions
specifically detailing recorded information that is of most priority to
you at this point as well as a referenced time period for it to cover
rather than casing a wide scope over an unspecified time frame. If you
which to submit a new, more narrowed request then please do so to
[3][TfL request email].
I hope the above response has provided a better clarity regarding the
information you seek, however 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
([4]www.ico.org.uk).
Yours sincerely
Emma Flint
Principal Information Access Adviser
FOI Case Management Team
Transport for London
[5][TfL request email]
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Dear Transport for London,
Please pass this on to the person who conducts Freedom of Information reviews.
I am writing to request a further internal review of Transport for London's handling of my FOI request 'GOVERNMENT GUIDANCE - TFL POLICY – Yellow Box Junctions – 20MPH Limits – Bus Lanes'.
`
I regret that your response is absurd and ridiculous, and clearly insulting to the intelligence of the public.
Instead of focusing on the facts of the clarified and refined request of 16-2-24, and the FOI Review request of 26-2-24, TFL have produced pages of words that evade the simple clear facts of the Request.
TFL’s obfuscation here suggests that in fact it has simply ignored this UKG document, and does not want to admit it publicly.
You say “your questions are very wide and general in scope in what you seek, with no reference to any kind of specified recorded documentation or a time period that they should cover” – but this is absolute nonsense.
The FOI stated “In Sept 2023, the government announced new measures to be fair to drivers”.
This set a clear time frame of 5 months – in fact it was end of Sept, and the FOI was on 3-2-24, so in reality actually 4 months.
`
“due to the generality and open interpretation of your questions we could not be sure we had provided enough satisfactory responses to what you seek, meaning further responses on this matter would likely continue to be sought” – it is clarified below that a straightforward and factually accurate answers to each of the nine questions will suffice.
`
UKG issued a document as described to all highway authorities in the country, with new guidance.
https://www.gov.uk/government/news/gover...
> Transport Secretary Mark Harper has today (29 September 2023) set out plans to protect drivers from over-zealous traffic enforcement, as part of a long-term government plan to back drivers.
https://www.gov.uk/government/publicatio...
> Policy paper
> The plan for drivers
> Published 2 October 2023
This FOI asked TFL how it had responded to this guidance.
Four months should be ample time for TFL to have considered the matter.
The refined FOI on 16-2-24 explicitly listed nine specific areas of policy that UKG asked highway authorities to address.
All TFL has been asked to say is whether it has made any changes to policy as a result of this document, and then to provide a simple explanation for and description of any such changes.
If changes have been made, it should be simple to provide a copy of the new or amended policy.
If they have not, it is simple to say so.
`
“a request has an “obvious or clear quality of unreasonableness”.
UKG and the wider public would clearly expect that TFL would have respond positively to this new guidance, and be easily able to set out how it was acting.
There is nothing remotely unreasonable in asking TFL to say whether and how it has done so.
If instead, it has not, one would expect TFL to be able to explain, but if instead TFL has no explanation, as it simply ignored the UKG guidance, then of course it must say so.
`
“you have requested would divert a disproportionate amount of resources from its core functions”.
The matters asked are directly related to TFL’s “core functions”.
There is a clear strong and powerful public interest, indeed demand, that TFL should reveal answers to the matters in this FOI.
`
These are nine simple policy areas.
Anyone with managerial responsibility for TFL must be able to say within a total of one hour what the facts are for each example listed.
Then it is a simple matter of setting this out.
There is no request of masses of data, just a simple statement, as set out explicitly and clearly in the clarification of 16-2-24, give a few examples for each case if possible, not any kind of complete list.
To repeat for clarity – all that is asked for is one or two simple paragraphs in answer to each question, that is a maximum of 18 fairly brief paragraphs – far less than TFL’s latest refusal – 30+ paragraphs:
This FOI Request asked a number of questions – in fact nine.
In respect of each question, TFL should state either that:
- TFL has relevant information
- TFL does not have relevant information
- TFL is unsure whether it has relevant information
It would clearly be helpful if TFL offered any explanation it may have for not doing as suggested, where that is the case (second option each time below).
Thus:
Q1 – TFL has made the following changes as a result of the UKG guidance …. (excessive penalties)
OR
TFL has not made and has no plans to make any changes as a result of the UKG guidance.
Q2 - TFL has the following evidence on the impact on traffic flow of its enforcement of yellow-box junctions ……
OR
TFL has no evidence and has no plans to obtain evidence on the impact on traffic flow of its enforcement of yellow-box junctions?
Q3 – TFL is responding to the government requirement …. by … (re times operation of bus lanes).
OR
TFL is not responding and has no plans to respond to the government requirement ….
Q4 - TFL will now actively promote the use of bus lanes by motor cycles.
OR
TFL will not now actively promote the use of bus lanes by motor cycles.
Q5 – TFL is responding to the government requirement …. by … (20mph limits + LTN’s).
OR
TFL is not responding and has no plans to respond to the government requirement ….
Q6 - TFL ensured that its new 20mph speed limits along the TLRN in south London were really supported across the general public who are impacted by them - by ….
OR
TFL did not ensure that its new 20mph speed limits along the TLRN in south London were really supported across the general public who are impacted by them.
Q7 - TFL is now giving the following advice to councils to ensure that any LTN’s that they promote – or which TFL fund – are really supported across the general public who are impacted by them - …..
OR
TFL is not now giving and has no plans to give any advice ….
Q8 - TFL is responding to the government requirement …. by … (utility road works).
OR
TFL is not responding and has no plans to respond to the government requirement ….
Q9 - TFL will ensure that planned works on main roads operate for much longer than the normal working day, and minimise disruption at busy times – by ….
OR
TFL will not ensure and has no plans to ensure that planned works on main roads operate for much longer than the normal working day, and minimise disruption at busy times.
These should not be difficult questions to answer in the terms stated.
`
A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/g...
`
Yours faithfully,
Abdul Sulieman
[1]Transport for London
Transport
for London
Ref: 19782832
11 April 2024
Dear Abdul Sulieman
I refer to your email 3 February about box junctions, bus lanes and the
20MPH speed limit in London.
Please accept my sincere apologies for the delay in this response.
I appreciate that you have taken the time to raise your concerns with us.
I am having the questions you had raised investigated as quickly as
possible.
Once I have further information, I will be back in contact with you.
I trust this has been of assistance.
If there is anything else we can help you with, please reply to this
email. However, for any urgent road defect queries, please log this on our
website at [2]https://streetcare.tfl.gov.uk/?cid=stree...
Kind regards
Glen D'Gama
Customer Service Adviser
Transport for London Customer Services
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[1]Transport for London
Transport
for London
Ref: 19782832
10 May 2024
Dear Abdul Sulieman
I refer to my email sent to you on 11 April about box junctions, bus lanes and the 20MPH speed
limit in London.
I am sorry for the delay in responding to you, but I now have some information for you in relation
to the questions you had raised:
QUESTION - Will TFL now actively promote the use of bus lanes by motor cycles – as this will not
impede bus movement, and should improve overall traffic flow?
All bus lanes on the Transport for London Road Network allow access to Buses, pedal cyclists, motor
cyclists and taxis.
QUESTION - How is TFL responding to the government requirement “to make sure bus lanes only operate
when necessary” – for example by reviewing and then removing most 24-7 bus lanes, and those
applying every day of the week, and restricting them to, for example MF 7-10 and 4-7, or Mon-Sat
8am-12pm, or Mon-Fri 7-10 northbound and 4-7 southbound?
The bus network plays a vital role in London’s success with over 5 million passenger journeys a
day. As well as being the most common mode of transport to town centres, London's buses provide
accessible and affordable public transport provision that Londoners rely on, with over 50 per cent
of disabled Londoners using buses at least once a week
The bus network connects people to the places they want to go and people they want to see. Children
rely on the bus to get to school and visit their friends, other residents rely on the bus to get to
work, their GP and local shops and restaurants. The bus network runs 24/7, enabling key workers and
others working during the night to travel between home and work when other services have stopped
running , and also supporting London’s night time economy. It is therefore important that bus
lanes and other bus priority measures are in place to provide efficient and reliable journeys to
our customers at all times when they are using the service.
Between September 2020 and March 2022 TfL trialled an extension of 24/7 bus lane operation to 84km
of bus lanes on our roads, across 19 boroughs. Monitoring of this trial showed that these changes
cut bus journey times and helped improve reliability, and that it did not have a significantly
adverse effect on general traffic or the wider performance of the network.
As part of the trial a six-month statutory public objection period to comment on these changes took
place, and to supplement this process a broader period of engagement was undertaken throughout the
lifespan of the trial to gather a diverse range of views. We collected feedback via an online
survey and dedicated email address and the feedback formed part of our decision-making process.
There was widespread support for making these changes permanent, including from London TravelWatch
– London’s official independent travel watchdog. As such, in 2022 we announced our intention to
make the trial permanent.
QUESTION - How is TFL responding to this government requirement – for example by making sure 20mph
speed limits and LTN’s are really supported across the general public who are impacted by them?
We’re considering DfT’s new ‘Setting local speed limits’ guidance [2]Setting local speed limits -
GOV.UK (www.gov.uk) to determine how best to respond to the recommendations it includes’. As Amy
said we’re meeting with John from Legal next week (whose advice is attached). I’ve cc’d John in
case he has a comment on the draft response.
QUESTION – How did TFL ensure that its new 20mph speed limits along the TLRN in south London were
really supported across the general public who are impacted by them?
It was agreed as part of our programme requirements that local engagement would be sufficient due
to the below activities taking place:
The Lowering Speed Limits programme was first introduced to the public with the launch of the
Vision Zero Action Plan in July 2018.
We have worked with our Local Communities and Partnership team to develop an engagement strategy,
enabling residents and businesses to comment on the proposals for both the project and programme as
a whole, as opposed to a one-off consultation exercise.
Local residents and businesses were approached and guided towards the Have Your Say page to add
comments. This took the form of a letter drop across the proposed area.
The relevant London Boroughs have been engaged on the proposals throughout the design period.
Statutory consultation on the Traffic Regulation Order will be advertised in the local press and
readvertised to inform of the Coming into Force dates.
The launch was supported by digital marketing and radio adverts in the affected areas.
Lamp column mounted banners were installed shortly after go live to raise driver awareness of the
new speed limit.
QUESTION - Will TFL now actively promote the use of bus lanes by motor cycles – as this will not
impede bus movement, and should improve overall traffic flow
Our policy is to allow motorcycles in bus lanes, there is no additional promotion planned. The
evidence that was considered for the policy of allowing motorcycles in bus lanes was safety
focussed rather than efficiency of movement.
QUESTION – What advice is TFL now giving councils to ensure that any LTN’s that they promote – or
which TFL fund – are really supported across the general public who are impacted by them?
We have provided both monitoring guidance and guidance on delivering experimental schemes to
boroughs which includes guidance on
consultation. [3]monitoring-guidance-for-healthy-streets-schemes-boroughs-oct21.pdf
(tfl.gov.uk) and [4]guidance-for-delivery-using-temporary-and-experimental-schemes-october-2022.pdf
(tfl.gov.uk)
QUESTION - Will TFL now actively promote the use of bus lanes by motor cycles – as this will not
impede bus movement, and should improve overall traffic flow –
We will continue to allow to motorcycles to use the majority of bus lanes on the Transport for
London Road Network and to call on boroughs to do the same, as set out in policy 11 of the Mayor’s
Transport Strategy.
QUESTION – What advice is TFL now giving councils to ensure that any LTN’s that they promote – or
which TFL fund – are really supported across the general public who are impacted by them?
We will continue to fund boroughs to deliver schemes to deliver the Mayor’s Transport Strategy on
their roads through Local Implementation Plan process. When developing schemes, we and the
boroughs follow statutory guidance issued by the Secretary of State for Transport under section 18
of the Traffic Management Act 2004. This will include new guidance on implementing low traffic
neighbourhoods, once it is published in its final form.
QUESTION - How is TFL changing its enforcement practices to comply with this – I am awaiting
information about this.
QUESTION - What evidence does TFL have on the impact of its enforcement of yellow-box junctions? –
I am awaiting information about this.
QUESTION - How is TFL responding to this government requirement – as far too often key busy main
roads are disrupted for days on end, while work only happens for around 40 hours out of the 168 in
each week?
Plus:
QUESTION - How does TFL ensure that planned works on main roads operate for much longer than the
normal working day, and minimise disruption at busy times?
In 2012 we introduced the Transport for London lane Rental Scheme (TLRS) whereby works promoters
are charged up to £2,500 a day for working in congested areas and at busy times of the day.
Our Lane Rental scheme has been designed to be both targeted and avoidable, covering the busiest
56% of the our network and accounting for only 2% of London’s roads. The scheme also applies to
both utility company and our works, encouraging companies to carry out their work overnight or
during off-peak hours.
In addition, as the customer has already pointed out, we impose conditions on Work Promoters to
ensure durations of works are reasonable on all other parts of the our Road Network (TLRN) In
2023-24 over 7,700 days of highway occupation were saved by challenging unreasonable durations on
works.
More than 1,800 days of collaborative working took place, saving roads from being repeatedly dug up
and we prevented disruption during 6,700 peak periods by ensuring works were moved to less busy
times of the day or week.
I trust this information has been of assistance.
If there is anything else we can help you with, please reply to this email. However, for any urgent
road defect queries, please log this on our website at
[5]https://streetcare.tfl.gov.uk/?cid=stree...
Kind regards
Glen D'Gama
Customer Service Adviser
Transport for London Customer Services
If you wish to reply directly to this email, please click on the reply button on your toolbar.
Please do not alter or delete the subject line as this may result in a delay responding to your
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