- 14 Aug 2017
FOI reference: FOI/17/01575
Date received: 10 July 2017
Date responded: 1 August 2017
I refer to the letter referenced NW/A82/17/1208, dated 22.06.17.
I need several statements made in the above letter clarified.
I would like a definition of what exactly is a "CAT 1" as there is no description given in the letter. Please provide me with a list of "CATs" and a description of each.
In the letter it states that an inspection was carried out on 29/3/17 at the location of the incident. However it does not say when the repair was actually carried out. When was this repair actually carried out? I would also like you to provide me with evidence of this.
Please provide me with a list of calls/correspondence from the public or Police Scotland regarding any defects on the following stretch of road from 4th of January 2017 - 4th of July 2017: A82 from Inveruglas going north for three miles.
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.
I have numbered your response for ease of reference.
1. The following is the definition of a Category 1 & Category 2 defect from Schedule 1, Part 1 of the 4th Generation Term Contract for management and maintenance of the Scottish Trunk Road Network and can also be viewed:
"Category 1 Defect" means a Defect that necessitates prompt attention because it presents:
(i) an immediate or imminent hazard, or
(ii) a risk of rapid structural deterioration to the affected element.
"Category 2 Defect" means any Defect which is not a Category 1 Defect."
In addition, the following extract is taken from Schedule 7 Part 1 of the 4th Generation Term Contract for Management and Maintenance of the Scottish Trunk Road Network:
2. DEFECT CATEGORIES AND RESPONSE TIMES
2.1 Classification of Category 1 and Category 2 Defects.
2.1.1 When classifying Category 1 and Category 2 Defects, the Operating Company shall give consideration to the potential impact on all road users including motorists, pedestrians, cyclists, motorcyclists, equestrians and disabled users.
2.1.2 The Operating Company shall comply with the provisions of the Transport Scotland Trunk Road Inspection Manual regarding classification of Defects.
2.1.3 The Transport Scotland Trunk Road Inspection Manual is deemed not to contain an exhaustive compendium of Defects. In the absence of a description of a Defect in the Transport Scotland Trunk Road Inspection Manual, the Operating Company shall make the classification from first principles."
The following extract is taken from Schedule 7, Part 1 of the 4th Generation Term Contract for management and maintenance of the Scottish Trunk Road Network and details the timescales for repairing defects:
2.2 Category 1 Defects Response Times
2.2.1 Unless stated otherwise in this Part, Category 1 Defects shall be dealt with by the Operating Company in priority order as stated in paragraph 2.2 of this Part.
2.2.2 The Operating Company's inspection team or initial Incident Response Resources shall make the Category 1 Defect safe when identified. This shall be through executing immediate repairs, removing the hazard or by taking any other measures necessary to protect the public and other users of the Unit.
2.2.3 Where a Category 1 Defect renders a Trunk Road unsafe for road users, the Operating Company shall, under Police instruction or on receipt of an appropriate Order, close the relevant part of the Trunk Road for as short a period as possible while remedial action is undertaken.
2.2.4 Where a Category 1 Defect cannot be repaired immediately or the hazard cannot be removed, the Operating Company shall take action to make the area safe until the required temporary or permanent repairs have been completed.
2.2.5 The temporary or permanent repairs shall be undertaken as soon as possible and no later than:
(i) 06:00 on the day following identification for Category 1 Defects on carriageways, and
(ii) within 24 hours of identification for all other Category 1 Defects.
2.2.6 Where a temporary repair has been carried out, the deferred permanent repair period for the following Defect types shall be:
(i) 28 days for carriageway surface, and
(ii) 56 days for Bridge parapets.
2.2.7 All other Category 1 Defects shall be repaired permanently within the specific period referred to in this Part, or no later than 28 days after identification where no specific period is stated.
Other defects not necessitating immediate attention are categorised as Category 2 and monitored for failure deterioration during safety and detailed inspection. These defects form the basis of future maintenance schemes.
2. I can confirm that an inspection was carried out on 29 March 2017. Please refer to Annex A which is the Inspection Defect Report from 1 Jan to 5 July 2017 for the location requested. I can also confirm that the completion date of repair was 24 April 2017. Please refer to Annex B which is the Operations Instruction with details of the repair.
An exception under regulation 11(2) of the EIRs (personal information) applies to some of the information requested because it is personal data of a third party and disclosing it would contravene the data protection principles in Schedule 1 to the Data Protection Act 1998. This exception is not subject to the 'public interest test', so we are not required to consider if the public interest in disclosing the information outweighs the public interest in applying the exception.
3. Please refer to Annex C which is a list of complaints and correspondence in relation to the stretch of road requested. An exception under regulation 11(2) of the EIRs (personal information) applies to some of the information requested because it is personal data of a third party and disclosing it would contravene the data protection principles in Schedule 1 to the Data Protection Act 1998. This exception is not subject to the 'public interest test', so we are not required to consider if the public interest in disclosing the information outweighs the public interest in applying the exception.
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
Please quote the FOI reference
Central Enquiry Unit
Phone: 0300 244 4000
The Scottish Government
St Andrew's House