Post by Chris W on Jan 10, 2007 12:30:54 GMT
This post has slowly become a fairly comprehensive do's & don't's regarding photography on London Underground (based upon District Dave's advice on the old trainweb site), and more recently expanded to cover railway photography in general:
London Underground: Photography Rules
UPDATED 7 JUNE 2012
The current version of the Conditions of Carriage (published May 2012), refers to photography, along with other items in Section 4.5 of the document; stating that:
In addition Traffic Circulars (a document published weekly for LU staff regarding updates about operation standards) intermittently states:
The TfL website also states in the tube common questions section Do I need permission to film or take photographs on the tube?. The text has changed recently, emphasising photography permits, but also states:
Advice/Comments
There are two types of photography:
• Personal - personal non-profit use
• Commercial - you intend to sell the photos
Some photographers (for personal use) have cited examples of being confronted by station staff. Such incidents often seem to arise as a result of a lack of knowledge by either staff or the photographer so its important to clarify what you can and can't do with a camera. What you must NOT do is:
• Go outside areas available to the public.
• Use flash; if your camera has an auto flash facility you MUST turn it off
• Use tripods.
If a member of staff requests that you stop taking photographs (perhaps incorrectly advising that all photography is banned) providing you are sticking to these guidelines politely request that he or she speaks to his or her supervisor so that they can be made aware of the regulations on this subject! If you do quote the Conditions of Carriage, please, try to avoid sounding like a 'know it all' - that will not help your case!
In order to try to avoid any potential confrontation, an alternative may be to approach the on-duty Station Supervisor (if available) and ask for permission prior to taking any photos, confirming that you will follow the conditions stipulated with the Conditions of Carriage document – if you do this it would be polite also to inform them when you are leaving that station.
Photography and Filming Permits
The LU Film unit also provides Photography and Filming Permits for commercial as well as student and/or non-professional photographers. Student and non-professional photography permits cost £50 per month which may seem costly and an officious approach to many LU enthusiasts. In my experience many of the issues of obtaining permission/being challenged are resolved, however I have still experienced hostility from an officious SA even when I been clearly wearing a valid permit and following LUs own rules regarding photography to the letter.
IMO if you're capturing the odd image en route of rolling stock and stations, whilst a Photography Permit would be recommended, its not necessary as the 'passing through' statement in the Traffic Circular and TfL Common Questions should apply. If however you intend to take some time at each station a Photography Permit would be necessary and you should sign in with the Station Supervisor.
The current TfL Conditions of Carriage documents can be found at:
TfL Underground/Overground (dated May 2012)
DLR[/url] (dated 2 January 2012)
Tramlink[/url] (dated January 2012)
Dial-A-Ride[/url] (dated July 2007)
The appropriate TfL web page for all related conditions can be found at:
www.tfl.gov.uk/termsandconditions/899.aspx
TfL Bylaws are occasionally misquoted by LU staff as a reason to block/prevent photography - photography itself is not even mentioned:
www.tfl.gov.uk/termsandconditions/5004.aspx
Mainline Railway Photography
Many LU photographers also have an interest in national railway (formally BR) services and rolling stock. The advice given is extremely simple when taking photos on mainline stations:
National Rail
Taking photographs on stations is permitted providing it is for personal use. For any commercial photography, prior permission must be sought from the appropriate train operator or, from Network Rail at their 17 major stations. On busy stations the use of a tripod may cause a dangerous obstruction to passengers and you may be asked not to use one. In addition, tripod legs must also be kept away from platform edges and behind the yellow lines. Flash photography on platforms is not allowed as it may distract the attention of train drivers and train despatch staff and is therefore a potential safety hazard. You are also not allowed to take photographs of security related equipment such as CCTV cameras.[/i]
Network Rail
You can take photographs at stations provided you do not sell them. However, you are not allowed to take photographs of security related equipment, such as CCTV cameras.
Flash photography on platforms is not allowed at any time. It can distract train drivers & train despatch staff and so is potentially very dangerous.
Tripod legs must be kept away from platform edges and behind the yellow lines. On busy stations, you may not be allowed to use a tripod because it could be a dangerous obstruction to passengers.
Mainline Railway Byelaws:
www.dft.gov.uk/pgr/rail/legislation/regs
www.dft.gov.uk/pgr/rail/legislation/regs/railwaysbyelaws.pdf
The BTP (British Transport Police) repeats the advice/quote given by National Rail to the letter:
www.btp.police.uk/passengers/advice_and_information/rail_enthusiasts.aspx
In RAIL magazine's Stop & Examine section (Issue 599 - August 27-September 9 2008), the editor, Nigel Harris, quoted a statement from a letter written to a reader by BTP Temporary Chief Inspector Nicholas Barker on behalf of the Chief Constable Ian Johnston:
In the following edition (Issue 600: September 10-23 2008) Nigel Harris quoted BTP Chief Constable Ian Johnston directly about railway photography:
Just to maintain consistency, the new BTP Chief Constable, Andy Trotter, is quoted on Christian Wolmar's web blog (also published in RAIL edition 619) as stating:
Train enthusiasts are part of our eyes and ears. I get very distressed when I hear about them being harassed. I accept it has been our police officers sometimes as well as those of other police forces and rail staff. We have done a lot of work internally, publicising how officers should behave towards enthusiasts. Everyone is allowed to take photographs although access is a matter for the tocs. Getting it through to our officers and the PCSOs is vital.
Please bear in mind though, particularly at times of 'heightened security' that requests to stop taking photographs may be driven by genuine concerns. If this is the case it would be strongly recommend that you comply with this request.
Above all be honest, reasonable and use your common sense; if this is exercised, confrontation will be avoided.
THE LAW AND PHOTOGRAPHY
Do Police/security staff have the power to demand the a photographer delete photos, or delete the images themselves?
Its very important that photographers KNOW THE LAW when it comes to photography. URBAN75, a much respected civil rights website states:
As an analogy, imagine the Police/security services finding a suspected terrorist 'safe-house' and destroying/deleting the contents of computer hard drives before guilt or innocence could be established by a court!!
Another website phooto.co.uk goes further, reporting that forcible deletion or removal of images is an assault!
Hopefully I've covered just about everything regarding the rules about LU and railway photography in general. I do try to keep this page updated as many guidelines (e.g. LU Conditions of Carriage) are updated every 6 months or so. If a link, for example, is no longer working or you want to update me regarding changes or photography issues, please do not hesitate to PM me.
Regards
ChrisW
London Underground: Photography Rules
UPDATED 7 JUNE 2012
The current version of the Conditions of Carriage (published May 2012), refers to photography, along with other items in Section 4.5 of the document; stating that:
4.5.1 For safety reasons, on our buses and Underground trains and in our bus and Underground stations you must not:
• smoke
• use bicycles, roller skates, roller blades, scooters, skateboards or similar equipment
• take flash photographs and/or use a tripod or other camera support equipment
• use emergency exits except in an emergency or when instructed to do so by our staff.
You may be prosecuted for disobeying these requirements.
• smoke
• use bicycles, roller skates, roller blades, scooters, skateboards or similar equipment
• take flash photographs and/or use a tripod or other camera support equipment
• use emergency exits except in an emergency or when instructed to do so by our staff.
You may be prosecuted for disobeying these requirements.
In addition Traffic Circulars (a document published weekly for LU staff regarding updates about operation standards) intermittently states:
Tourists or train enthusiasts ‘passing through’ stations are permitted to take ad-hoc photographs or film at the Station Supervisor’s discretion. However, tripods are not permitted and flash must not be used on platforms.
The TfL website also states in the tube common questions section Do I need permission to film or take photographs on the tube?. The text has changed recently, emphasising photography permits, but also states:
We realise that on occasions our customers may wish to take an ad-hoc photograph whilst passing through a Tube station. Although this is acceptable, please be advised that this would be at the Tube station’s discretion providing additional camera equipment (including flash and tripods) are not used.
Advice/Comments
There are two types of photography:
• Personal - personal non-profit use
• Commercial - you intend to sell the photos
Some photographers (for personal use) have cited examples of being confronted by station staff. Such incidents often seem to arise as a result of a lack of knowledge by either staff or the photographer so its important to clarify what you can and can't do with a camera. What you must NOT do is:
• Go outside areas available to the public.
• Use flash; if your camera has an auto flash facility you MUST turn it off
• Use tripods.
If a member of staff requests that you stop taking photographs (perhaps incorrectly advising that all photography is banned) providing you are sticking to these guidelines politely request that he or she speaks to his or her supervisor so that they can be made aware of the regulations on this subject! If you do quote the Conditions of Carriage, please, try to avoid sounding like a 'know it all' - that will not help your case!
In order to try to avoid any potential confrontation, an alternative may be to approach the on-duty Station Supervisor (if available) and ask for permission prior to taking any photos, confirming that you will follow the conditions stipulated with the Conditions of Carriage document – if you do this it would be polite also to inform them when you are leaving that station.
Photography and Filming Permits
The LU Film unit also provides Photography and Filming Permits for commercial as well as student and/or non-professional photographers. Student and non-professional photography permits cost £50 per month which may seem costly and an officious approach to many LU enthusiasts. In my experience many of the issues of obtaining permission/being challenged are resolved, however I have still experienced hostility from an officious SA even when I been clearly wearing a valid permit and following LUs own rules regarding photography to the letter.
IMO if you're capturing the odd image en route of rolling stock and stations, whilst a Photography Permit would be recommended, its not necessary as the 'passing through' statement in the Traffic Circular and TfL Common Questions should apply. If however you intend to take some time at each station a Photography Permit would be necessary and you should sign in with the Station Supervisor.
The current TfL Conditions of Carriage documents can be found at:
TfL Underground/Overground (dated May 2012)
DLR[/url] (dated 2 January 2012)
Tramlink[/url] (dated January 2012)
Dial-A-Ride[/url] (dated July 2007)
The appropriate TfL web page for all related conditions can be found at:
www.tfl.gov.uk/termsandconditions/899.aspx
TfL Bylaws are occasionally misquoted by LU staff as a reason to block/prevent photography - photography itself is not even mentioned:
www.tfl.gov.uk/termsandconditions/5004.aspx
Mainline Railway Photography
Many LU photographers also have an interest in national railway (formally BR) services and rolling stock. The advice given is extremely simple when taking photos on mainline stations:
National Rail
Taking photographs on stations is permitted providing it is for personal use. For any commercial photography, prior permission must be sought from the appropriate train operator or, from Network Rail at their 17 major stations. On busy stations the use of a tripod may cause a dangerous obstruction to passengers and you may be asked not to use one. In addition, tripod legs must also be kept away from platform edges and behind the yellow lines. Flash photography on platforms is not allowed as it may distract the attention of train drivers and train despatch staff and is therefore a potential safety hazard. You are also not allowed to take photographs of security related equipment such as CCTV cameras.[/i]
Network Rail
You can take photographs at stations provided you do not sell them. However, you are not allowed to take photographs of security related equipment, such as CCTV cameras.
Flash photography on platforms is not allowed at any time. It can distract train drivers & train despatch staff and so is potentially very dangerous.
Tripod legs must be kept away from platform edges and behind the yellow lines. On busy stations, you may not be allowed to use a tripod because it could be a dangerous obstruction to passengers.
Mainline Railway Byelaws:
www.dft.gov.uk/pgr/rail/legislation/regs
www.dft.gov.uk/pgr/rail/legislation/regs/railwaysbyelaws.pdf
The BTP (British Transport Police) repeats the advice/quote given by National Rail to the letter:
www.btp.police.uk/passengers/advice_and_information/rail_enthusiasts.aspx
In RAIL magazine's Stop & Examine section (Issue 599 - August 27-September 9 2008), the editor, Nigel Harris, quoted a statement from a letter written to a reader by BTP Temporary Chief Inspector Nicholas Barker on behalf of the Chief Constable Ian Johnston:
I can confirm that there is no power to stop members of the public taking photographs on railway premises for personal or legitimate purposes. Whilst officers are encouraged to actively engage with the public it is important that their actions are not seen as restricting people from enjoying a lawful activity.
In the following edition (Issue 600: September 10-23 2008) Nigel Harris quoted BTP Chief Constable Ian Johnston directly about railway photography:
Rail enthusiasts are our eyes and ears, as well as friends and supporters of BTP. Guidance has previously been issued to reinforce the message and I have arranged for this to be reissued on our intranet site. An abbreviated message regarding this is also BTP's current screen saver which all staff see as soon as they log on. I will also copy this email to our Area Commanders and ask them to reinforce the message on their briefing systems.
Just to maintain consistency, the new BTP Chief Constable, Andy Trotter, is quoted on Christian Wolmar's web blog (also published in RAIL edition 619) as stating:
Train enthusiasts are part of our eyes and ears. I get very distressed when I hear about them being harassed. I accept it has been our police officers sometimes as well as those of other police forces and rail staff. We have done a lot of work internally, publicising how officers should behave towards enthusiasts. Everyone is allowed to take photographs although access is a matter for the tocs. Getting it through to our officers and the PCSOs is vital.
Please bear in mind though, particularly at times of 'heightened security' that requests to stop taking photographs may be driven by genuine concerns. If this is the case it would be strongly recommend that you comply with this request.
Above all be honest, reasonable and use your common sense; if this is exercised, confrontation will be avoided.
THE LAW AND PHOTOGRAPHY
Do Police/security staff have the power to demand the a photographer delete photos, or delete the images themselves?
Its very important that photographers KNOW THE LAW when it comes to photography. URBAN75, a much respected civil rights website states:
Security guards do not have stop and search powers or the right to seize your equipment or delete images or confiscate film under any circumstances. In some circumstances, the police may grab your film or memory cards but they are still not authorised to delete any images. After all, if you've committed an offence the images would act as evidence, and if you haven't broken the law, the images are innocent.
As an analogy, imagine the Police/security services finding a suspected terrorist 'safe-house' and destroying/deleting the contents of computer hard drives before guilt or innocence could be established by a court!!
Another website phooto.co.uk goes further, reporting that forcible deletion or removal of images is an assault!
Hopefully I've covered just about everything regarding the rules about LU and railway photography in general. I do try to keep this page updated as many guidelines (e.g. LU Conditions of Carriage) are updated every 6 months or so. If a link, for example, is no longer working or you want to update me regarding changes or photography issues, please do not hesitate to PM me.
Regards
ChrisW







