Our Ref:         FOI-1415-1718

Thank you for your request received on 9 September 2017 asking for information about the driver protection device being fitted to trams.
 
Your request has been considered in accordance with the requirements of the Freedom of Information (FOI) Act and TfL’s information access policy. I can confirm we hold the information you require.
 
Our thoughts remain with everyone affected by the tragic derailment which occurred on 9 November, and we will continue to work to ensure that we offer those affected any support they need.
 
Following the derailment we carried out a thorough safety assessment and took the advice of an independent panel of tram experts as part of a rigorous safety assurance process before resuming services.
 
This included introducing additional speed restrictions and associated signage near Sandilands and three other locations on the tram network as a precautionary measure.
 
We will continue to assist the Rail Accident Investigation Branch, British Transport Police and the Office of Rail and Road and with their ongoing investigations into this tragic incident.
 
Further information is available on our website: https://tfl.gov.uk/modes/trams/croydon-tram-derailment.
 
This page will be updated regularly.
 
You asked specifically:
 
According to media reports, a proposed device will be fitted to trams in order to detect if the driver is asleep. For example, see this BBC report:
http://www.bbc.co.uk/news/uk-england-london-41141563
 
Please confirm which department, or committee, made this decision and provide a copy of the document which made the recommendation to install these devices.
 
As part of the continuing programme of work intended to prevent, as far as possible, a reoccurrence of such an event, we established the need for a driver protection device and worked with the tram industry to identify suitable suppliers. Please find attached a Public Transport Portfolio Board (PTPB) paper of  26 July 2017 which summarises the evaluation of relevant products from two suppliers and made a recommendation for the Chair of the PTPB to approve the purchase of a protection support device supplied by Seeing Machine. The PTPB is responsible for providing strategic direction across TfL’s Surface Transport directorate and ensuring an optimum balance of projects to achieve Public Transport outcomes. Its Chair has delegated project authority within agreed levels.
 
Also attached is a paper of 8 August 2017 submitted to the London Trams Modification Panel to record the operational change implications of the installation of the device. Concerns raised since installation about possible health implications of the device are being addressed through appropriate channels. Please note that the dates referred to in the paper, in particular the 31 August for the device to be powered up and enter service, have been extended since this document was prepared to enable a longer period for calibration and testing with drivers. 
 
In accordance with the FOI Act, we are not obliged to supply some of the information contained in the paper as it is subject to statutory exemptions to the right of access to information under sections 43(2) and 31(1)(g).
 
In this instance the section 43(2) exemption has been applied to the cost information contained within the document as disclosure would be likely to prejudice our commercial interests, as well as those of the companies named in the paper – Seeing Machine and PCG. Prejudice would be likely to occur when we go out to tender for this as it would be likely to result in a clustering of bids based on how much the estimated costs are. Disclosing this information could also be prejudicial to the ability of Seeing Machine and PCG’s ability to compete for tendering opportunities with other companies in the future, as their competitive edge would inevitably be prejudiced by disclosure of a detailed breakdown of their price.
 
The use of this exemption is subject to an assessment of the public interest in relation to the disclosure of the information concerned. TfL recognises the need for openness and transparency by public authorities but in this instance the public interest in ensuring that TfL is able to obtain the best value for public money outweighs the general public interest in increasing transparency of our processes.
 
Additionally, some information in the paper has been redacted, in accordance with the exemption at section 31(1)(g) of the FOI Act, as the information you have requested relates to ongoing investigations being conducted into the derailment at Sandilands.
 
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 that there is considerable public interest in the safe operation of the tram network. There is also a considerable public interest in ensuring that the investigations underway are able to reach conclusions, and recommend appropriate actions, that take full account of all available material. On balance, and taking into account the fact that the current investigations remain live, we consider that the public interest supports the application of the exemption in this case.
 
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.
 
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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