Dear Sir/ Madam I am writing for the following data under the Freedom of Information Act 2000. Can you please send me any data that TfL holds on the enforcement of fines for the non-compliance of face mask wearing on the transport network since face mask wearing became mandatory. Can this please be broken down by station, whether or not it was within the station concourse, or on a specific Tube line or other TfL mode of transport. I would like the numbers of fines issued on a daily basis since 15 June. I would like to know where the fine was issued. Can you please identify the race, age and gender of the person fined. And tell me how many fines have been paid to date. Thank you and please confirm receipt of this request and the expected date of reply with a full response.

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TfL Ref 0598-2021

Thank you for your request received by Transport for London (TfL) on 10 July 2020 asking for information about the number of fines issued daily by TfL for not wearing of facemasks on public transport since this was made mandatory, broken down by location, race, gender and age. You also asked for details of how many fines have been paid.

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 the information you require.

TfL’s initial approach was to focus on engagement and explanation of the new requirement by frontline staff, through extensive customer-facing communications and behaviour change activity. Over three weeks following the announcement, over 100,000 complementary facemasks were handed out by frontline staff at the busiest train and bus stations to encourage compliance, supported by a visible police and uniformed presence once mandatory face coverings on public transport were announced. We have been running an extensive communications campaign that has included posters and PA announcements to make our customers aware. We also have put measures in place for our operational teams to report issues to us. Initial reports indicate that the majority of passengers are complying with these regulations, with compliance at around 90%.

TfL enforcement of the face covering requirement was scaled up on 4^th July. Between 4^th – 26^th July:

• 45,000 people were stopped by TfL enforcement officers from getting on our public transport services until they put on a face covering. Most complied by getting their face covering from their bag or pocket, putting it on correctly or purchasing one from a nearby shop.

• 3148 people were prevented from boarding and 785 were ejected from the service.

• 223 Fixed penalty Notices have been issued by TfL officers to those refusing to comply. FPNs are a last resort but they will be used where necessary. (Fines are not issued on the spot. Passengers details are taken at the time and the FPN is issued by TfL’s Investigation and Prosecutions Team)

• The police are engaging with similar levels of passengers and stopping those without a face covering and who do not have an exemption from travelling. The numbers above does not include police enforcement.

As more customers understand this requirement, in line with our plans, our officers have progressed to the enforcement stage, taking a more robust approach with customers who don’t comply with regulations. Enforcement include refusing entry to passengers who do not comply with the requirement, ejection or being issued with a Fixed Penalty Notice (FPN). In line with the approach taken by our policing partners, an FPN is be issued as a last resort, with the emphasis remaining on achieving compliance. Every day hundreds of people not wearing a face covering are being stopped from travelling until they do so. Fixed penalty notices are a last resort but they will be issued where necessary.

With regard to the specifics of your request, between 4 and 13 July (i.e. the date your request was received), 60 FPNs were issued by TfL Operations Officers on London Buses.

Enforcement of face masks on London’s Rail networks, including London Underground, London Overground and Docklands Light Railway is carried out by the British Transport Police (BTP). The number of FPNs they have issued to date would need to be requested from them. http://www.btp.police.uk/about_us/your_right_to_information/freedom_of_information.aspx.

Information on the number of fines issued by TfL enforcement officers, on each of the transport modes where we are carrying out enforcement i.e. buses and recently Trams, broken down by age, gender and ethnicity, along with how many have been paid will be published on our website by the end of September 2020.

Therefore in accordance with the FOI Act, TfL is not obliged to supply you with the contract you have requested as it is subject to a statutory exemption to the right of access to information, under Section 22 of the Act. In this instance the exemption has been applied as the information you have requested is intended for future publication.

This exemption is subject to a public interest test, which requires us to assess whether the public interest in applying the exemption outweighs the public interest in disclosure. In this instance, it is considered that the public interest favours the publication of this information, in context and according to the pre-determined schedule, rather than in response to your request, to ensure the information is provided accurately and in an accessible manner.

The other information you have asked for regarding the location of where the fine was actually issued is subject to an exemption under section 31 of the FOI Act whereby we are not obliged to disclose details of the locations where we do and do not carry out enforcement activity. This information is subject to a statutory exemption to the right of access to information under section 31(1)(b) and Section 31(1)(g), which exempt from disclosure information which would, or would be likely to prejudice the apprehension or prosecution of offenders or the exercise of functions for the purpose of ascertaining whether any person has failed to comply with the law.

In this instance the exemption has been applied as to provide the information on where fines have been issued would give details of where our enforcement operations are being focused which would give potential offenders the opportunity to avoid these particular locations to avoid receiving a fine for not wearing a face mask. The purpose of enforcement is to deter passengers from contravening restrictions that are in place and fines are issued accordingly. Disclosing information which reveals deployment locations of our enforcement operations would be likely to lead to a decrease in compliance at other locations, which would adversely affect the health, safety and comfort of other passengers travelling on the network and impact on TfL’s Network Management Duty.

This would also lead to a need to increase enforcement at those locations, which would mean increasing enforcement expenditure which would need to be paid for from public funds.

The use of this exemption is subject to an assessment of the public interest in relation to the disclosure of the information concerned. We recognise the need for openness and transparency by public authorities, but in this instance feel that balance lies in favour of withholding the information to ensure that we are able to continue to comply with our Network Management Duty and the safety of the travelling public on our network while making the best use of public funds.

The impact of current circumstances on TfL’s resources means 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.

If this is not the information you are looking for, or if you are unable to access it for any 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

Sara Thomas

FOI Case Management Team

General Counsel

Transport for London

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