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

Licensing of traffic images

The images from our traffic cameras are Crown Copyright protected. They are supplied for reuse under licence with the permission of National Highways 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 our remit in operating, maintaining and improving the trunk road and motorway network in England, and/or
• help to deliver our 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)
• our 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 we do 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 our 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 us in its capacity as a public authority. Access requests should always be referred to us.

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. Our 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 we 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

Our 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 us in providing the Licensee with a connection to the 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 National Highways operational partners
• our 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 National Highways

Our policy on corporate branding requires our logo and branding to be included as part of all our owned and sponsored projects.

Licensees of traffic information services and product(s) shall be required to acknowledge our licensing of the images and the Crown Copyright status of the images by placing the Crown Copyright logo and an agreed credit to National Highways 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 our 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 National Highways National Telecommunications System (NRTS)

The Licensee shall put in place controls to ensure that the security, reliability, performance, accuracy and completeness of our 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 our 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 our 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 us. 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 us of distributing the images to the public as a contribution to better journey planning
• evaluating for us 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 National Highways 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 National Highways' policy on levying fees and charges

There is a time limited Licence for -

• our contractors — 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 our traffic camera images by the Licensee could result in suspension or termination of the Licensee’s access to our traffic management cameras and of the Licence between the Secretary of State and the Licensee.

If National Highways 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.