A95 Inspection records: EIR release
Information request and response under the Environmental Information (Scotland) Regulations 2004.
Information requested
In relation to a vehicle damage claim sustained following an alleged accident on the 7th October 2022 whilst driving along the A95. Please provide copies of the highway inspection records together with all opening/closing notices, defect notices and records of complaints for 2 years prior to 7th October 2022. Please also provide a copy of the first post-accident highway inspection record relating to the alleged accident location.
On 8 February you clarified the following:
"Please note the what3words information for this location is chat.fondest.scream. Our clients have attended the location, and have confirmed the following:
- It is 3km north east of the village of Cromdale.
The postcode is PH26 but I can't locate the name of a near by property to tell you the last 3 parts of the postcode.
It comes out of the Advie exchange area and is in Grantown on Spey region. I do hope this is sufficient information for you to establish the location."
As the information you have requested is 'environmental information' for the purposes of the Environmental Information (Scotland) Regulations 2004 (EIRs), we are required to deal with your request under those Regulations. We are applying the exemption at section 39(2) of the Freedom of Information (Scotland) Act 2002 (FOISA), so that we do not also have to deal with your request under FOISA.
This exemption is subject to the 'public interest test'. Therefore, taking account of all the circumstances of this case, we have considered if the public interest in disclosing the information outweighs the public interest in applying the exemption. We have found that, on balance, the public interest lies in favour of upholding the exemption, because there is no public interest in dealing with the same request under two different regimes. This is essentially a technical point and has no material effect on the outcome of your request.
Response
Please see Annexes A & B to this response for copies of the relevant Inspection and Defect Reports. Annex B also contains the first post-accident inspection and defect record.
Annex C to this response contains all opening and closing notices relevant to the date range and location requested.
Under the terms of the exception at regulation 10(4)(a) of the EIRs (information not held), Transport Scotland is not required to provide information which it does not have. We have checked our official complaints register and we do not hold any official complaints in relation to the A95 at the location and date range you have described.
This exception is subject to the 'public interest test'. Therefore, taking account of all the circumstances of this case, we have considered if the public interest in disclosing the information outweighs the public interest in applying the exception. We have found that, on balance, the public interest lies in favour of upholding the exception. While we recognise that there may be some public interest in information about complaints about the A95 3km east of Cromdale, clearly we cannot provide information which we do not hold.
About FOI
The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at http://www.gov.scot/foi-responses.
Contact
Please quote the FOI reference
Central Enquiry Unit
Email: ceu@gov.scot
Phone: 0300 244 4000
The Scottish Government
St Andrews House
Regent Road
Edinburgh
EH1 3DG
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