Request ID: FOI-3099-2223 Date published: 16 March 2023
You asked
Dear Transport for London, please can you provide the Professional Driving Policy for London Underground, London Overground (Arriva Rail London) and also for Crossrail train drivers please?
We answered
TfL Ref: 3099-2223
Thank you for your request received by Transport for London (TfL) on 19 February 2023 asking for information about the Professional Driving Policy for London Underground, London Overground, and Elizabeth line drivers.
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. You asked for:
the Professional Driving Policy for London Underground, London Overground (Arriva Rail London) and also for Crossrail train drivers please?
We can advise that this information for London Underground drivers is held across multiple rule books rather than a single document.
However, these rule books are exempt from disclosure under sections 24 (National Security) and 38 (Health and Safety) of the Freedom of Information Act. The rules books are internal documents designed to be used by operational staff in the running of the London Underground. The books detail various rules, instructions, protocols and procedures which LU operational staff are governed by. This material would be of use to any persons wishing to disrupt London’s transport infrastructure by placing into the public domain information which would otherwise not be available via other means.
Whilst we make no suggestion that you would use this information for anything other than you own interest, disclosure of information under FOI has to be regarded as a disclosure to the public at large. As you will no doubt be aware, the transport system in London has been the target of attacks in the past. The information requested contains sensitive information about the operation of the network which could be of use for anyone seeking to research or plan for such an attack or to actively cause disruption to the network.
Furthermore, there is no meaningful way in which the material can be redacted. While some sentences or passages may appear innocuous in isolation, taken together across the suite of documents it would still allow somebody to build up a detailed picture of operational processes and the language used in the operation of the network.
The Information Commissioner’s Office has previously issued a Decision Notice regarding the application of sections 24 and 38 to withhold information in relation to security at transport hubs. Whilst the information requested in this case is different to the information you have requested, we believe the same arguments can be applied:
The use of the section 24 and 38 exemptions are 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, and acknowledge that there may be some interest in the information in question - as evidenced by the fact that you have requested it. However, as we believe this information could potentially be obtained and utilised by individuals who may wish to use it to cause disruption or harm to London’s transport infrastructure, in this instance we believe that minimising the risk to that infrastructure and protecting the safety and welfare of members of the general public and our staff outweighs the limited public interest in disclosure
In reference to the London Overground and Elizabeth line networks, we are not obliged to supply any information relating to the driving and operation of our train services, as such documentation is subject to the statutory exemptions to the right of access to information under section S43(2), which applies to disclosures of information that would be likely to prejudice our commercial interests.
Disclosure of these documents would prejudice the training provider’s commercial interests since it would enable their competitors to access their content once in the public domain, which could then be used to develop similar training materials without incurring the costs of developing the materials from scratch themselves. If public authorities po to offer some protection for third party intellectual property the likely outcome would be that training providers would increase the initial cost, since the materials provided would be made publicly available, eroding their commercial advantage in future tender opportunities.
There is a clear public interest in both the effective operation of competitive markets, and also in avoiding public sector organisations paying an additional premium for the production of training materials. We have considered the public interest in disclosure and there would appear to be little benefit to the public in the release of internal training documentation which has no direct impact on the interaction of our train drivers with the travelling public.
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
Jasmine Howard FOI Case Officer FOI Case Management Team General Counsel Transport for London
