Information relating to average speed cameras on the A20

Freedom of information request reference no: 01.FOI.24.036112

I note you seek access to the following information:

Can you please send me the report or any information you hold on what checks you undertook to ensure Department of Transport Guidelines and all of or any legal requirements were in place at or before the time the Metropolitan Police were instructed by TfL to commence using the average speed cameras to collect data which subsequently would be used in the prosecution of the public.

What dates was signage both speed and Camera erected in relation to joining the A20 going East bound from Crittals Corner and in relation to cameras Sandy Lane and Cookham Road (48114821)

Decision

I have today decided to disclose some of the requested information. Some data has been withheld as it is exempt from disclosure and therefore this response serves as a Refusal Notice under Section 17 of the Freedom of Information Act 2000 (the Act) by virtue of the following exemptions:

Section 40(2)(3A)(a) - Personal Information
Section 30(1)(a) - Investigations

Reason for decision

Some of the information held is already in the public domain and accordingly we are not obliged to reproduce it for you here, in accordance with Section 21(1) of the Act. However, a link can today be provided to you.

In relation to the ‘report’ you have requested, this exists in the form of a police officer’s criminal witness statement and the associated exhibits (including a photo and several dashcam videos), which are being used in all cases involving the A20 where the drivers are pleading not guilty to speeding offences and request a court hearing.

Section 40(2)(3A)(a) – Personal Information - Section 3 of the Data Protection Act (DPA) 2018 confirms that information which relates to an identified or identifiable living individual is Personal Data.

The Freedom of Information Act provides an exemption for Personal Data and this is known as the section 40 exemption.

The information sought under your Freedom of Information request includes the following which we consider to be the Personal Data of the individuals identifiable within the parameters of your request:

• A witness statement by a named police officer,
• Photos and videos which include the vehicle registrations of cars belonging to members of the public.

Where the request is seeking access to third party personal data, such as in this case, the Section 40(2) exemption may be engaged.

To apply the Section 40(2) exemption, the disclosure of the requested information must satisfy either the first, second or third conditions as defined by subsections 3(A), 3(B) and 4(A) of the Act.

The first condition ensures that the exemption would apply in circumstances where the disclosure of the information would breach any of the data protection principles.

There are six Data Protection principles specified within Article 5(1) of the General Data Protection Regulation (GDPR).

Section 30(1)(a) - Investigations - of the Act allows public authorities to withhold information if it has been held, at any time, for the purposes of an investigation conducted by that public authority with a view to it being ascertained whether a person should be charged with an offence, or whether a person charged with an offence is guilty of it.

The MPS does not upon routinely disclose information relating to on-going criminal investigations. In this case, to do so would make public details of police investigations that are subject to upcoming criminal proceedings.

Ultimately, the disclosure of police witness statements to cases currently subject to criminal proceedings would be inappropriate as this statement is held exclusively for the purpose of the police investigations into these criminal offences. Its public release would be detrimental to these ongoing criminal proceedings.

The MPS has a statutory role in establishing whether any person has committed a criminal offence. The release of police information that is held for the purpose of a criminal investigation would be likely to have an adverse impact upon the ability of the MPS to conduct similar criminal investigations in the future. This would occur as firstly, these investigations and cases are still on-going – the first is yet to appear at Court.

Having carefully considered your request, I therefore acknowledge the importance of transparency with the public. However, having considered each identified public interest factor, I have found that the harm that would be caused to these cases (and similar cases in the future) should the MPS disclose the statement and its associated exhibits, to be the most persuasive argument in this request. On balance, I believe that the public interest supports refusing your request. I have accordingly refused to provide the information located in response to your request for information.

Disclosure

The Metropolitan Police were informed by TfL that the camera and signage had been installed showing a speed change for the new average speed link on the A20 Eastbound. As a result, the MPS carried out a vigorous commissioning process to establish if signage met the guidance and legal perspective, which included police officers carrying out several video run-throughs using a Dashcam to record the site. This allowed the officers the chance to review and identify the signs that had been installed and to consequently ascertain if the site met the guidance set out in the Traffic Sign Regulations and General Directions 2016.

Please note, enforcement is not carried out at any site until the MPS are satisfied that it meets the requirements or indeed exceeds the required standard/guidance.

Part of the exhibits included with the exempt witness statement includes the Traffic Management Order, which is already in the public domain and can be found here:

Transport of London - GLA 2023 - No.0622.pdf

In addition, in relation to the dates the signage was erected, we can today inform you of the following:

“The signage was changed to 40mph over a three-night period of closures from 26 September 2023, but did not come into force until 18 October 2023.”

“The adjustment to the new slower speed limit was reinforced with illuminated matrix signs (VMS) staggered along the route for a period of time, starting 4th October 2023 to the 21 November 2023. Again these signs are not a legal requirement nor are they referred to by any guidance given for signage, they were just an extra, temporary informative measure that TFL used to assist drivers with the change.

A three-night closure of the A20 was put in place from 11 and 13 December 2023 where the signage was improved and the changes were confirmed by TFL on the 14 December.”

Improvements:

TFL replaced small repeater signs with larger signs, which they did not need to do in relation to the guidance given due to the continuation of the speed limit, and they also made several additions/changes to make sure that the signage was made adequate and brought in line with the guidelines set by TRSGD (chapter three) (removed one inconspicuous sign and replaced with two new signs on two new poles).”

The location of the Average Speed Cameras are shown as follows:

• Entry Camera is located A20 Sidcup By-Pass West of Sandy Lane (East) Bromley. (4811)
• Exit Camera is located A20 Sidcup By-Pass East of Cookham Road (East) Bromley. (4821)