Inspection/maintenance/complaints/accident records for A77 Kilmarnock/Fenwick: EIR release
Information request and response under the Environmental Information (Scotland) Regulations 2004.
FOI reference: FOI/18/01529
Date received: 31 May 2018
Date responded: 27 June 2018
Information requested
1. Records of inspection for the relevant stretch of road;
2. Maintenance Records relating to the relevant stretch of road, including records of independent contractors working on the relevant stretch of road;
3. All correspondence to independent contractors relating to work carried out by them in the relevant area;
4. All correspondence by the local authority to third parties requesting repairs to defects on the relevant stretch of road in which the responsibility to repair the defect belongs to the third party in question;
5. Statement of the Roads Authorities Policy under the Code of Practice for delivering best value in Highway Maintenance 2001 or, alternatively, records of the Minutes of Highway Authority of the local authority meetings where maintenance or repair policy has been discussed or decided;
6. Records of complaints about the state of the road at the accident locus; and
7.Records of other accidents which have occurred on the relevant stretch of road.
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
1. Please refer to Annex A of this request which is the inspection records for the relevant section of road.
2. Please refer to Annex B which is the maintenance record.
3. While our aim is to provide information whenever possible, in this instance Transport Scotland does not have the information you have requested. Therefore we are refusing your request under the exception at regulation 10(4)(a) of the EIRs. The reason why that exception applies is that there was no independent contractor works carried out in the area within the timescale specified.
4. While our aim is to provide information whenever possible, in this instance Transport Scotland does not have the information you have requested. Therefore we are refusing your request under the exception at regulation 10(4)(a) of the EIRs. The reason why that exception applies is that Transport Scotland do not hold information in relation to the local authority.
However, you may wish to contact East Ayrshire Council at: https://www.east-ayrshire.gov.uk/CouncilAndGovernment/About-the-Council/Information-and-statistics/DataProtectionAndFreedomOfInformation/How-to-make-a-Freedom-of-Information-Request.aspx who may be able to help you.
5. In terms of a maintenance or repair policy, Connect follow the requirements of the M77/GSO DBFO Project Agreement as detailed in Schedule 4, Part 2.1. Please refer to Annex C which is a copy of this schedule.
6. While our aim is to provide information whenever possible, in this instance Transport Scotland does not have the information you have requested. Therefore we are refusing your request under the exception at regulation 10(4)(a) of the El Rs. The reason why that exception applies is that there was no complaints received about the state of the time period specified.
7. While our aim is to provide information whenever possible, in this instance Transport Scotland does not have the information you have requested. Therefore we are refusing your request under the exception at regulation 10(4)(a) of the El Rs. The reason why that exception applies is that there was no other accidents on the section of road.
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Contact
Please quote the FOI reference
Central Enquiry Unit
Email: ceu@gov.scot
Phone: 0300 244 4000
The Scottish Government
St Andrew's House
Regent Road
Edinburgh
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