Therefore as per my initial FOI request how does TFL ensure compliance and what documentation does it hold as proof of compliance as these requirements would not be the responsibility of VCA or VOSA to deem compliance. As part of the LSP application process the issue of granting a LSP goes out to a number of consultation bodies, please provide evidence of this process and how the requirements were deemed to be met. This is not a VCA or VOSA issue but is definitely a TFL issue and responsibility in the granting of an LSP. In the LSP guidance documentation there are sections on H & S yet within a 14 month period 3 of these particular types of coaches owned by the Oxford Bus Company have been involved in accidents, one of these accidents occurred on 30 December 2016 when a coach returning to Oxford from Heathrow / Gatwick airport overturned with 17 persons including the driver requiring hospital treatment. However the 2 other coach accidents occurred on the X90 service one accident on 28 November 2016 involving a pedestrian described as with "life threatening injuries" and another accident on 20 January 2018 in which another pedestrian was injured requiring hospital treatment. Did the granting of the LSP take into account the accident record associated with these coaches? Regarding his original FOI request

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Our Ref:          FOI-0299-1819

Thank you for your request received on 23 April 2018 asking for further information about London Service Permits (LSPs).

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 for:

1. Therefore as per my initial FOI request how does TFL ensure compliance and what documentation does it hold as proof of compliance as these requirements would not be the responsibility of VCA or VOSA to deem compliance.

The criteria for considering an application for an LSP are contained in the Mayoral guidance which is in the public domain on the TfL website, and each of these criteria is considered for every application:

http://content.tfl.gov.uk/lsp-guidance-document.pdf

In accordance with section 21 of the FOI Act, we are not obliged to supply you with a copy of the requested information as it is already accessible to you elsewhere.

Each operator of LSP-licensed services is subject to a paper-based health & safety audit when first applying for an LSP and at periodic intervals thereafter. The guidance note is attached. Please note that in accordance with TfL’s obligations under the Data Protection Act 1998 (DPA) some personal data has been removed, as required by section 40(2) of the FOI Act. This is because disclosure of this personal data would be a breach of the DPA, specifically the first principle of the DPA which requires all processing of personal data to be fair and lawful. It would not be fair to disclose this personal information when the individuals have no expectation it would be disclosed and TfL has not satisfied one of the conditions of Schedule 2 of the Data Protection Act which would make the processing ‘fair’. This exemption to the right of access to information is an absolute exemption and not subject to an assessment of whether the public interest favours use of the exemption.

Oxford Bus Company last had an audit in 2013, which was fully satisfactory, and is due another audit later this year.

In terms of applications for specific routes, consideration is made of the roads and stops to be served in terms of frequency and size of vehicle. This is in terms of the impact on other road users including cyclists and pedestrians in terms of safety and congestion. These assessments are carried out in conjunction with TfL internal operational and network management colleagues, London boroughs and the police and may involve a route test where vehicles are significantly larger than has been used on certain streets before. In terms of accessibility and emissions, the operator is required to declare at the time of application that the vehicles meet compliance standards or meet the criteria to be granted exemption.

2. As part of the LSP application process the issue of granting a LSP goes out to a number of consultation bodies, please provide evidence of this process and how the requirements were deemed to be met

TfL goes over and above the consultation requirements as prescribed in s186 of the GLA 1999. Consultation is via the LSP bulletin which is available on the TfL website (https://tfl.gov.uk/info-for/suppliers-and-contractors/london-service-permits). This is issued every two weeks (four weeks at Christmas) and is also e-mailed directly to the following stakeholders:

As prescribed in the Act:
All London boroughs plus City of London Corporation
London Travelwatch
Metropolitan Police
City of London Police

Others whom TfL considers it appropriate to consult:
Neighbouring local authorities
Office of the Traffic Commissioner
DVSA
London Councils
Confederation of Passenger Transport
Trade press
Heathrow Airport
Canary Wharf Management

And anyone else on an application-specific basis whom we consider appropriate.

The Act requires TfL to consult on new applications only. However, we also consult on all changes that are applied for to existing LSPs.

3. Did the granting of the LSP take into account the accident record associated with these coaches?

It is a matter for the police and DVSA to investigate accidents involving vehicles used on services which are not part of the TfL network. TfL has no powers in this respect. However, should an LSP-licensed operator be subject to regulatory action by the Traffic Commissioner or prosecution by the police then this will be taken into account when considering whether to grant an LSP.

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

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

Yours sincerely

Gemma Jacob
FOI Case Officer
FOI Case Management Team
General Counsel
Transport for London

[email protected]

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