Transport for London’s new campaign to encourage travellers to avoid playing content out loud on their devices has, arguably, been a long time coming.
The transport authority is encouraging users to be considerate of others through a poster blitz starting on the Elizabeth line and expanding to other services such as the London Underground in the coming months.
It comes after new TfL research found that 70 per cent of customers find loud music and phone conversations made in speaker mode disruptive. Back in April, the Liberal Democrat party went one step further and called for fines of up to £1,000 for travellers who play loud music and videos on public transport.
At the weekend, the Conservative Party announced they would seek changes to ensure operators give out on-the-spot fines to rowdy passengers.
It turns out, however, that TfL are already able to fine so-called ‘headphone dodgers’ using a little-known byelaw.
What are the current rules on TfL services?
Transport for London Railway Byelaws state that no person on the railway “shall, to the annoyance of any person, sing or use any instrument, article or equipment for the production or reproduction of sound”.
The only exception would be if TfL had given the individual written permission. Hence, travellers playing phone conversations or music out loud on any TfL services would contravene this law.
Currently, enforcement officers are allowed to prosecute individuals who do not follow the rules. A TfL source confirmed to the LDRS that byelaws prohibit “playing music or streaming content aloud on the network without written permission”.
They added: “When our enforcement officers encounter someone doing this, they will usually ask the individual to stop.
“Most people comply at this stage. If someone refuses, further enforcement action may be taken – this could include being asked to leave the service or station, or being reported for possible prosecution.”
Is TfL actually using these powers?
According to a Freedom of Information request from May, there has not been a single prosecution around the byelaw relating to ‘Using instrument to produce or reproduce sound’ since 2019.
While the right to prosecute exists, TfL says it often doesn’t get that far.
Where an enforcement team does notice a contravention of the law, they are told to take a “4Es approach” – engaging, educating and encouraging compliance with requirements, and then enforcement. The latter stage is only reached if there is a tantamount refusal to comply. This, according to TfL, yields the best results.
Encouragement or Enforcement?
On Tuesday (August 26) some political groups on the London Assembly told the LDRS that they would like to see TfL go one step further and impose the rules to save the capital’s commuters from overhearing unwanted music and conversations.
Lib Dem Group Leader Hina Bokhari told the LDRS: “It was the Liberal Democrats who first called for action on noisy commutes – and now the Mayor is pinching our ideas.
“But as usual, he isn’t going far enough. Londoners are sick of the noise – we need fines and enforcement, not posters and excuses. A few slogans on the Tube won’t deliver the peaceful journeys passengers deserve.”
However, others were keen to see how TfL’s strategy of “encouraging courtesy” would play out.
Elly Baker, Labour’s Transport spokesperson on the London Assembly, said: “Noise on public transport is a real nuisance. These are shared spaces and we need to be considerate of others. I welcome TfL’s campaign to build a social norm against playing music out loud, just as we stand on the right of escalators.
“Enforcement should remain an option, but encouraging courtesy will make the biggest difference.”
Caroline Russell, Green Party London Assembly Member and Leader of the Green Group, added: “We all share the same space when we travel and with that comes a shared responsibility to make it respectful and enjoyable for everyone.
“Playing music or videos out loud might seem harmless, but it can be unsettling, especially for neurodiverse Londoners.
“This isn’t about enforcing rules or rushing to punishment, but about encouraging small acts of kindness that can make a real difference to people’s journeys.”
TfL confirmed to the LDRS that there will not be any extra enforcement officers roaming various services as a result of this campaign. Instead, the aim is to raise awareness and reduce noisy behaviour across the network on a largely voluntary basis.
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