BEAR Scotland rejection of claim for vehicle damages on A9: EIR release

Information requested

Bear Scotland have rejected my claim against damages caused to my vehicle due to a large pot hole on the A9. My argument is that days following my incident this section of the A9 was closed and has subsequently been resurfaced therefore they must have been away of defects.

Bear Scotland claim this road was checked and no such defects were apparent prior to my incident. I wish to formally request any information (dates/ times/ reports) carried out prior to 22nd April. I also wish details as to why the A9 was closed days following this?

You also clarified you "request 3 months of inspection details. Here is a precise what3words address, made of 3 random words. Every 3 metre square in the world has its own unique what3words address. ///buck.rising.motel https://w3w.co/buck.rising.motel

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 Annex A to this response for a copy of inspection records for the location and timeframe requested.

Following 22/04/2023, the A9 northbound carriageway was closed for vehicle restraint system improvement works which was completed by the 28/04/2023. The week after was the commencement of the surfacing under a full road closure with diversion. The surfacing and the lining were completed between the Tuesday Night 02/05/2023 and the Friday Night 05/05/2023.

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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.

Annex A - 202300359408

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