FOI request detail

Challenge Speed Limits

Request ID: FOI-3991-2324
Date published: 22 February 2024

You asked
I understand that as a public body TfL's decisions may be challenged on the basis of being unreasonable. Is this correct? What is the mechanism for challenging a TfL decision on the imposition of a speed limit on these grounds?

We answered

TfL Ref: FOI-3991-2324 and FOI-3994-2324

Thank you for your requests received by Transport for London (TfL) on 3rd February 2024 asking for information about speeds limits.
 
Your requests have been considered in accordance with the requirements of the Freedom of Information Act and our information access policy. 

I can confirm that we hold some of the information you require. Your questions are addressed below:

Case reference FOI-3994-2324:

Lower speed limits have been introduced on the A20. The stretch up to Crittals Corner which was previously 50mph and the stretch from Crittals Corner to the border with Kent which was a 70mph limit have been reduced to 40mph. I understand that this is for safety concerns.

Question 1. What camera or cameras are being used to enforce this limit by TfL and/or the Metropolitan Police?

Answer: Average speed cameras are being used to enforce the speed limit at this location. These cameras measure the average speed of drivers between two fixed points.

Question 2. What level of fines have been levied since the introduction of the lower speed limit? Note that this is a request for the aggregate of fines collected and fines still due and being pursued?

Answer: This information is exempt from disclosure under section 31 of the Freedom of Information Act, which can apply where release of information would be likely to prejudice the prevention of crime, or to prejudice the apprehension or prosecution of offenders. This is because the release of this information (or similar information in relation to other areas) would reveal locations where enforcement activity is less likely to be implemented, and may therefore encourage people to ignore restrictions at those locations. Whilst we make no suggestion that you would use this information for anything other than your own interest, the disclosure of information under FOI is regarded as a disclosure to the public at large rather than to the individual applicant.

The use of this exemption is subject to an assessment of the ‘public interest test’ to determine whether the greater public interest rests in the exemption applying and the information being withheld, or in releasing it in any event. We recognise the need for openness and transparency by public authorities and the fact that you have requested the information is in itself an argument for release. However, in this instance we feel that balance of public interest lies in favour of withholding the information to ensure that we are able to manage traffic on the road network. It would be strongly against the public interest to release any information that would undermine this. We consider that the release of this information would lead to increased problems as some motorists may seek to take advantage of the information, which would have a detrimental effect on street management. This principle has been previously agreed by the Information Commissioner in relation to a similar, previous request, as can be seen in the following Decision Notice - the same arguments apply in your case:

https://ico.org.uk/media/action-weve-taken/decision-notices/2021/2620057/ic-69434-n9n7.pdf

Question 3. The safety concern is due to flooding on the A20 in rainy weather. Why are you enforcing the lower limits when there is no risk as the weather is dry?

Answer: This is not a request for recorded information under the terms of the Freedom of Information Act. However, that said, colleagues have informed me that the temporary implementation of a lower speed limit was a direct response to ongoing surface water flooding and water sheeting contributing to multiple collisions along this section of the A20. Subsequent enforcement of speed limits is carried out by the Metropolitan Police Service and is not dictated by weather. Enforcement seeks to change driver behaviour and lower driving speeds at the location before something more serious occurs, as opposed to (in this case) waiting for weather to worsen before intervention. As such, when the weather is poor, drivers should then be accustomed to driving within the posted lower speed limit.

Case reference FOI-3991-2324:

Question: I understand that as a public body TfL's decisions may be challenged on the basis of being unreasonable. Is this correct? What is the mechanism for challenging a TfL decision on the imposition of a speed limit on these grounds?

Answer: After further consideration we do not consider this to be a request for recorded information under the terms of the Freedom of Information Act. Rather, it is a request for advice. I understand that most road traffic law pertaining to speed limits is contained in the Road Traffic Regulation Act 1984 and its associated regulations. Part VI of the 1984 Act deals specifically with speed limits and includes the powers under which Traffic Authorities may make speed limit orders.
 
If this is not the information you are looking for 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,

David Wells
FOI Case Officer
FOI Case Management Team
General Counsel
Transport for London

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