Standard terms and conditions

Repro­duc­tion for pri­vate use

The traf­fic images are Crown Copy­right pro­tected and may be repro­duced free of charge in any for­mat or medium as long as it is for non-commercial research or pri­vate study, sub­ject to the mate­r­ial being repro­duced accu­rately and not used in a mis­lead­ing context.

Licens­ing for inter­nal cir­cu­la­tion within an organ­i­sa­tion or reuse and copy­ing to others

The traf­fic images may only be re-used or copied to oth­ers under License with the per­mis­sion of the High­ways Agency act­ing on behalf of the Sec­re­tary of State for Trans­port under del­e­gated author­ity from the Con­troller of Her Majesty’s Sta­tionery Office (HMSO). Licensees are required, amongst other things, to:

  • credit the source of the images as being from the High­ways Agency’s traf­fic man­age­ment cameras
  • acknowl­edge the Crown Copy­right sta­tus of the images
  • pay the mar­ginal direct costs incurred by the Agency in pro­vid­ing a con­nec­tion to the Agency’s telecom­mu­ni­ca­tions sys­tem and facil­i­tat­ing access to the images
  • mon­i­tor, col­lect data and under­take cus­tomer research on the licensed service(s) — pro­vid­ing the results to the Agency for eval­u­a­tion pur­poses. The Licensees’ data and reports shall be clas­si­fied by the Agency as Com­mer­cial in Confidence

Licens­ing of traf­fic images

The images from the Agency’s traf­fic cam­eras are Crown Copy­right pro­tected.  They are sup­plied for reuse under licence with the per­mis­sion of the Agency act­ing on behalf of the Sec­re­tary of State for Trans­port under del­e­gated licens­ing author­ity from the Con­troller of Her Majesty’s Sta­tionery Office.  The terms of the licence are spe­cific to the per­mit­ted use (see sec­tion on ‘Per­mit­ted Use’ below).  The dura­tion of the licence will depend on the pur­pose of reuse being licensed. The licence shall not pro­vide the Licensee with an exclu­sive right to reuse the images.  Licensees are required to bind all users of the images it receives to the terms set out in the licence.  Licence terms and con­di­tions are also bind­ing on any service(s) or product(s) devel­oped by the Licensee re-using the images.  Licensees are required to credit the Crown Copy­right sta­tus of the pub­lished images (see also ‘Cor­po­rate Brand­ing’ below).

Eli­gi­bil­ity

Per­mis­sion to access traf­fic cam­era images is given where the use of the images will:

  • com­ple­ment the High­ways Agency’s remit in oper­at­ing, main­tain­ing and improv­ing the trunk road and motor­way net­work in Eng­land, and/or
  • help to deliver the High­ways Agency’s core busi­ness aims of safer roads, more reli­able jour­neys and bet­ter informed travellers

Eli­gi­ble par­ties are there­fore those who need or intend to use the images for the pur­poses of:

  • traf­fic and net­work man­age­ment of the trunk road and motor­way net­work in England
  • Statu­tory Bod­ies (police and emer­gency services)
  • High­ways Agency Con­trac­tors oper­at­ing on the network
  • Inde­pen­dent Con­trol Room oper­a­tors of trans­port and other infra­struc­tures which gen­er­ate high vol­umes of traf­fic (cor­po­rate users)
  • Trans­port infra­struc­ture oper­a­tors (ports, air­ports, toll-roads, rail, bus sta­tions etc)
  • Sports/entertainment venues
  • Shop­ping centres
  • Traf­fic infor­ma­tion to enable bet­ter jour­ney plan­ning (cor­po­rate users)
  • Traf­fic infor­ma­tion users — for inter­nal use only (no exploita­tion rights) eg break­down ser­vices, deliv­ery and logis­tics operators
  • Traf­fic infor­ma­tion ser­vice devel­op­ers and providers who will need exploita­tion rights eg broad­cast­ers, web site devel­op­ers, etc.

For rea­sons of road safety the Agency does not licence re-use of the images for ded­i­cated in-car traf­fic infor­ma­tion ser­vices.  It is the Government’s pol­icy to pre­vent dri­ver dis­trac­tion and the use of mobile phones and other hand­held devices whilst dri­ving. This is clearly demon­strated in:

  • the Road Safety Act 2006 which makes the use of hand­held devices whilst dri­ving an endorsable offence
  • the High­way Code Rules 149 and 150 on Mobile Phones and In-Vehicle Technology

Source of traf­fic images

Images are sourced from the Agency’s traf­fic man­age­ment cam­eras on the trunk road and motor­way net­work in Eng­land.  Images which may be cap­tured from any other cam­eras on the net­work — includ­ing enforce­ment cam­eras or cam­eras to which Auto­matic Num­ber Plate Recog­ni­tion tech­nol­ogy or other data recog­ni­tion tech­nol­ogy is attached — are not dis­trib­uted to Licensees or the public.

Data Pro­tec­tion

The Sec­re­tary of State is the Data Con­troller with respect to his and his staffs’ and agents’ use of the images.  Licensees and other users of the images are Data Con­trollers with respect to their own use of the images and are required to com­ply with the Data Pro­tec­tion Act 1998 and all sub­se­quent rel­e­vant leg­is­la­tion or provisions.

Human rights

The Sec­re­tary of State’s dis­tri­b­u­tion and licens­ing of the re-use of traf­fic images is com­pli­ant with Arti­cle 8 of the Euro­pean Con­ven­tion on Human Rights, 1950 — the right to respect for pri­vate and fam­ily life.  Licensees are deemed to be pub­lic author­i­ties as defined in the Human Rights Act 1998 and are required to com­ply with Arti­cle 8 of the Act, since the Sec­re­tary of State’s objec­tive in dis­trib­ut­ing the images and licens­ing them for re-use is of “pub­lic significance”.

Access to gov­ern­ment information

The Free­dom of Infor­ma­tion Act 2000 applies to the High­ways Agency in its capac­ity as a pub­lic author­ity.  Access requests should always be referred to the Agency.  Licensees are deemed to be pub­lic author­i­ties as defined in the Act since the per­mit­ted use of the images has a “pub­lic nature”; and are required to com­ply with its pro­vi­sions if it receives an access request under the Act.  Access requests are only rel­e­vant if they are for copies of retained still or recorded images.  Requests for access to the real-time video stream of images fall out­side of the Act and are sub­ject to licens­ing.  Such requests must be referred to the Sec­re­tary of State’s des­ig­nated offi­cer.  The High­ways Agency’s traf­fic cam­era pages pro­vide details.

Per­mit­ted use

The Licensee shall only make use of the images for the pur­poses spec­i­fied in its Licence and is per­mit­ted only to dis­trib­ute the images to the pub­lic and those organ­i­sa­tions named in the Licence via the service(s) and product(s) and platform(s) named in the Licence.

Traf­fic infor­ma­tion ser­vice providers edi­to­r­ial control

Licensees who are licensed to pro­vide cam­era images as a traf­fic infor­ma­tion ser­vice to the pub­lic shall con­trol the images in accor­dance with the terms of a State­ment of Edi­to­r­ial Con­trol Pol­icy which forms an Appen­dix to their Licence. This shall set out the edi­to­r­ial con­trol pro­ce­dures that the Licensee shall use to its best endeav­ours to ensure that to the best of its knowl­edge and belief the:

  • traf­fic images pub­lished are accu­rate, appro­pri­ate, timely and up to date; and
  • images relate purely to traf­fic con­di­tions and the traf­fic effects of inci­dents; and
  • that they are com­pli­ant with all legal require­ments, do not offend pub­lic decency, invade per­sonal pri­vacy or cause trauma or hin­der good and proper net­work oper­a­tions or policing.

The Licensee shall take all rea­son­able steps to ensure com­pli­ance with all legal require­ments and pre­vent the dis­tri­b­u­tion of unsuit­able images, includ­ing review­ing the images to be pub­lished or broad­cast prior to their trans­mis­sion where appro­pri­ate. The Licensee shall ensure that the images are refreshed in com­pli­ance with the refresh rates spec­i­fied in the Licence.

Where images may be viewed on hand­held devices either via a Licensee’s web­site or via any third party web­sites named in the Licence the Licensee shall place a state­ment on entry to or whilst view­ing the service(s) stat­ing “do not use this ser­vice or view traf­fic images whilst dri­ving” with a link to an Infor­ma­tion Page inform­ing users that in law, a per­son may be regarded as dri­ving a vehi­cle whilst the engine is run­ning and the vehi­cle is stationary.

Deal­ing

The Licence is per­sonal to the Licensee. The Licensee may not assign, charge, mort­gage, sub-contract or oth­er­wise dis­pose of the Licence or any part of the Licence or its oblig­a­tions under the Licence.

The Licensee shall not pro­vide access to the images to any third party to develop service(s) or product(s) for the Licensee with­out the prior writ­ten per­mis­sion of the Sec­re­tary of State other than as spec­i­fied in the Licence.  If the Sec­re­tary of State grants per­mis­sion the third party and its pro­posed re-use and dis­tri­b­u­tion plat­forms must be declared and will be logged in a Sched­ule to the licence that the Agency will maintain.

The Licensee shall not sell the images to any third party or charge a fee for the sup­ply of images to a third party except as spec­i­fied in the Licence.

The Licensee shall refer to the Sec­re­tary of State all requests received from third par­ties for per­mis­sion to take the images from any of the Licensees’ licensed ser­vices, to re-use on the third par­ties’ ser­vices. If the Sec­re­tary of State agrees the third party request the third party and its agreed use and dis­tri­b­u­tion plat­forms will be logged in a Sched­ule to the Licensee’s Licence.

Indem­nity

Licensees shall indem­nify the Sec­re­tary of State against all losses actions claims costs dam­ages, demands, expenses and pro­ceed­ings what­so­ever incurred by or made against him that may arise:

  • as a direct con­se­quence of the Licensees’ use and re-use of the images neg­li­gently or in a way which is not per­mit­ted under the Licence
  • from a mate­r­ial breach of the pro­vi­sions of this Licence where such claim does not arise directly or indi­rectly from the neg­li­gent acts of the Sec­re­tary of State except that the Licensee shall not be liable to the extent that the claim arises, or is increased or aggra­vated as a result of, any fail­ure by the Sec­re­tary of State to act with rea­son­able pru­dence and to take rea­son­able steps to min­imise the claim.

Fees and charges for the pro­vi­sion of the images

The High­ways Agency’s pol­icy is to pro­vide the images to Licensees for use and re-use with­out levy­ing a fee for this ser­vice but it reserves the right to levy a fee in the future in accor­dance with Gov­ern­ment pol­icy and guide­lines. Licensees fall into two cat­e­gories with respect to the Sec­re­tary of State for Trans­port recov­er­ing the direct costs incurred by the High­ways Agency in pro­vid­ing the Licensee with a con­nec­tion to the High­ways Agency’s telecom­mu­ni­ca­tions sys­tem and facil­i­tat­ing access to the images accord­ing to the Licensees licensed purpose(s) and cor­po­rate com­mer­cial benefit(s):

  • no charge is levied to recover mar­ginal direct costs for -
  • Statu­tory Bod­ies that are the High­ways Agency’s oper­a­tional partners
  • High­ways Agency Con­trac­tors oper­at­ing on the network
  • mar­ginal direct costs are charge­able for -
  • Inde­pen­dent Traf­fic Con­trol Centres
  • Traf­fic Infor­ma­tion Users — own use (no exploita­tion rights)
  • Travel Infor­ma­tion Ser­vice Devel­op­ers and Providers (with exploita­tion rights)

Costs of service(s) development

Licensees of traf­fic infor­ma­tion service(s) and product(s) shall develop their service(s) and product(s) at their own expense.

Cor­po­rate brand­ing of the images and acknowl­edge­ment of the High­ways Agency

The Agency’s pol­icy on cor­po­rate brand­ing requires the Agency’s logo and brand­ing to be included as part of all Agency owned and spon­sored projects. Licensees of traf­fic infor­ma­tion ser­vices and product(s) shall be required to acknowl­edge the Agency’s licens­ing of the images and the Crown Copy­right sta­tus of the images by plac­ing the Crown Copy­right logo and an agreed credit to the High­ways Agency along­side the images — which the Sec­re­tary of State shall from time to time agree and of a size that is leg­i­ble at all times. All broad­cast scripts of traf­fic infor­ma­tion in traf­fic infor­ma­tion service(s) which are based in whole or part on the Licensee’s use of the images shall include an agreed ref­er­ence, to be broad­cast at an agreed fre­quency, to the source of the infor­ma­tion as being partly or wholly derived from Highway’s Agency’s traf­fic man­age­ment cameras.

Infra­struc­ture, cam­era sites, con­trol and access priority

The Sec­re­tary of State reserves the right to sub­sti­tute or replace exist­ing cam­eras and telecom­mu­ni­ca­tions net­work with new tech­nol­ogy, or to run such tech­nol­ogy in tan­dem with its exist­ing infrastructure.

Cam­era sites pro­vided to Licensees may be changed at any time with­out notice. Traf­fic Infor­ma­tion Licensees shall have no oper­a­tional con­trol over the cam­eras. Licensees shall not have exclu­sive use of any cam­era.  The Sec­re­tary of State and the police ser­vice have pri­or­ity use of the cam­eras.  Deci­sions on pri­or­ity of use by Licensees are made by the Sec­re­tary of State and are final.

Secu­rity of the Agency’s National Telecom­mu­ni­ca­tions Sys­tem (NRTS)

The Licensee shall put in place con­trols to ensure that the secu­rity, reli­a­bil­ity, per­for­mance, accu­racy and com­plete­ness of the Agency’s telecom­mu­ni­ca­tions and data is not com­pro­mised; and shall main­tain such secu­rity mea­sures as may from time to time rea­son­ably be spec­i­fied by the Sec­re­tary of State to pre­vent unau­tho­rized access to the Agency’s telecom­mu­ni­ca­tions system.

Ser­vice levels

The pro­vi­sion of the images for re-use is made with­out any war­ranties or guar­an­tees of any kind of ser­vice level, or that access to the images will be unin­ter­rupted or free from tech­ni­cal errors. Pro­vi­sion of images of a scene or from spe­cific cam­eras may be sus­pended if the Sec­re­tary of State or the Police Ser­vice con­sider that pro­vi­sion of the images is not in the inter­ests of oper­a­tional require­ments, the good and proper pub­lic inter­est, or good and proper policing.

Mon­i­tor­ing and evaluation

The Sec­re­tary of State may wish to eval­u­ate the effec­tive­ness of the use and re-use made by the Licensee of the images in sup­port­ing the Agency’s sup­port­ing the Agency’s core busi­ness func­tions and objec­tives with respect to:

  • traf­fic and net­work man­age­ment of the trunk road and motor­way net­work in England
  • traf­fic information.

In the event that the Sec­re­tary of State, requires an eval­u­a­tion at any time dur­ing the period of the Licence the Licensee under­takes to  coop­er­ate with the Sec­re­tary of State’s rep­re­sen­ta­tive in devel­op­ing an eval­u­a­tion plan cov­er­ing, in par­tic­u­lar, data relat­ing to the User’s use and re-use of the images and other tech­ni­cal feed­back.  This will be spec­i­fied in a Project Plan and agreed in an exchange of let­ters with the Agency.

In out­line the scope of any eval­u­a­tion could address the fol­low­ing aims:

  • test­ing and eval­u­at­ing the per­for­mance of the tech­nol­ogy and sys­tems and their inter­face with the Licensee’s tech­nol­ogy and systems;
  • where images are re-used in con­nec­tion with traf­fic and net­work man­age­ment on the trunk road and motor­way net­work in England:
  • assess­ing the pro­fes­sional value of the images
  • where the images are re-used in traf­fic infor­ma­tion service(s) or product(s):
  • quan­ti­fy­ing the risks involved in pub­lish­ing the images on the Licensee’s broad­cast ser­vice, prod­uct and/or web­site with min­i­mum edi­to­r­ial control ;
  • devel­op­ing risk mit­i­ga­tion strate­gies may be devel­oped in response to the risks identified;
  • assess­ing the impact on the Licensee’s traf­fic news broad­casts and/or web­sites of the images being unavail­able to the Licensee;
  • assess­ing the value of dis­trib­ut­ing the images to the pub­lic in terms of the Licensee’s com­mer­cial objectives;
  • assess­ing the pro­fes­sional and mar­ket inter­est in hav­ing access to re-use the images;
  • assess­ing the value to the Agency of dis­trib­ut­ing the images to the pub­lic as a con­tri­bu­tion to bet­ter jour­ney planning;
  • eval­u­at­ing for the Agency the impact of any edit­ing pro­ce­dures which deny access to the images.

Dura­tion of licence

The dura­tion of the Licence is linked to the Licensee’s per­mit­ted licensed use or re-use of the images, its con­trac­tual rela­tion­ship with the Agency and the sta­tus of the Licensee’s pay­ments of fees and charges due to the Sec­re­tary of State.

For traf­fic man­age­ment and net­work man­age­ment pur­poses there is an indef­i­nite Licence for -

  • Statu­tory Bod­ies (police ser­vice, emer­gency ser­vices, local traf­fic author­i­ties, devolved admin­is­tra­tions, etc) unless there is a change in the statu­tory sta­tus and func­tions of the body
  • Inde­pen­dent Traf­fic Con­trol Room oper­a­tors, pro­vided that the Licensees pay­ments of fees and charges due to the Sec­re­tary of State are fully up to date on a year by year basis and there is no change in the High­ways Agency’s pol­icy on levy­ing fees and charges

There is a time lim­ited Licence for -

  • Con­trac­tors of the High­ways Agency — where the licence term is linked to the contractor’s con­tract term

For Traf­fic infor­ma­tion pur­poses there is an indef­i­nite Licence for Traf­fic Infor­ma­tion Users and Travel Infor­ma­tion Ser­vice Devel­op­ers and Providers (with exploita­tion rights) — pro­vided both that the Licensee’s pay­ments of the fees and charges due to the Sec­re­tary of State under the Licence are fully up to date on a year by year basis and that the Sec­re­tary of State’s pol­icy on fees and charges remains as stated in the Licence.

The Par­ties may sus­pend or ter­mi­nate the Licence if in their rea­son­able opin­ion they deem it nec­es­sary, sub­ject to spe­cific con­di­tions detailed in the Licence.

The Sec­re­tary of State may ter­mi­nate the Licence sub­ject to seven days writ­ten notice if the Licensee becomes bank­rupt or goes into liq­ui­da­tion or if a receiver is appointed to the Licensee.

Mis­use

Detected abuse or mis­use of the Agency’s traf­fic cam­era images by the Licensee could result in sus­pen­sion or ter­mi­na­tion of the Licensee’s access to the Agency’s traf­fic man­age­ment cam­eras and of the Licence between the Sec­re­tary of State and the Licensee.

If the Agency or the Licensee becomes aware of any instances where the images on the Licensee’s licensed service(s) or products(s) are being used with­out per­mis­sion on third party broad­casts or web­sites or other platform(s) they shall inform the other Party in writ­ing.   The Sec­re­tary of State shall con­tact where pos­si­ble the third party to inform them about the Crown Copy­right sta­tus of the images and the require­ment under law to seek his per­mis­sion to re-use the images under licence.