- 3 Sep 2018
FOI reference: FOI/18/01844
Date received: 5 July 2018
Date responded: 25 July 2018
In relation to your response to my claim, I have a number of queries and requests for information which I am entitled to make under the Freedom of Information (Scotland) Act 2002. I would respectfully ask that this information is provided to me within the timescales which are clearly set out within the legislation.
In paragraph two of the above referenced letter, you state that “The A77 is maintained by Scotland TranServ and, under the terms of the contract with the Scottish Ministers…”
1. In relation to this statement, I have two requests:
(i) TranServ’s website (www.scotlandtranserv.co.uk) states “Scotland TranServ manages and maintains…”. The Company’s responsibility is, therefore, not simply to maintain the roads within the provisions of your contract, but, also to manage the roads. Management of a road implies a far wider responsibility than simply maintenance and I request clarification that TranServ Scotland does indeed have management responsibility in this regard. If it does not, your website is at best inaccurate and actually misleading.
(ii) By referring to the terms of the Company’s contract with the Scottish Government, it appears that you are using adherence to this contract as a counter argument to my claim. Please, therefore, provide me with a full copy of this contract with the relevant section(s) highlighted.
2. Paragraph three of your letter refers again to the contract with the Scottish Government and states that TranServ would be deemed responsible for this claim if there were not “reasonable procedures” in place in respect of inspections, etc. As mentioned at the start of my letter, it took 11 weeks to receive a response to my claim. During my telephone conversation with you on 31 May 2018, you advised me that this delay was due to the fact that you were “inundated” with
claims regarding issues on the A77. A high volume of complaints, in itself, evidences that TranServ were neither managing nor maintaining the road in a “reasonable” manner. I have two requests in relation to this:
(i) Your website does not refer to your complaints procedure or the timescales for responding to complaints or claims. As part of your contract with the Scottish Government, I would expect that you have clearly laid out timescales for response times. I would be grateful if you could provide me with this information.
(ii) Please provide data on the volume of claims received regarding issues on the A77 over the 24 months leading up to my incident on 16 March 2018 and the number of these claims which were upheld.
3. In paragraph four of your letter, you infer that the seven-day inspection intervals are deemed reasonable and the most recent formal inspection of the section of the road relating to my claim was on 13 February 2018. In relation to this, I have four requests:
(i) My claim relates to an incident which took place on 16 March 2018, some 32 days following the date of the last inspection (13 February 2018). This is clearly significantly out with your seven-day timeline. Apart from anything else, this immediately invalidates the statement that appropriate periodic checks have been carried out within the terms of what you deemed to be “reasonable”.
(ii) How did TranServ arrive at the conclusion that a seven-day inspection period is “reasonable”? Please provide a copy of the criteria used for setting at this interval, or indicate the section in your contract with the Scottish Government which details this information.
(iii) Is this duration periodically reviewed? For example, during difficult weather conditions or in response to being inundated with complaints. If so, who carries out such reviews and what would be the criteria for deciding that a review is required? Again, is this part of the terms of the contract with the Scottish Government and has the seven-day period ever been increased or reduced? If so, when and for what reason?
(iv) Please provide me with evidence and details of the inspections for the section of road to which my claim relates for the three month period prior to my incident.’
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 our response for ease of reference.
1. Transport Scotland’s approach to the maintenance of the trunk road network is set out in the 4th Generation Term Contract for management and maintenance of the Scottish Trunk Road Network and our Road Asset Management Plan. Both documents are available online at the following links;
- Schedule 7: Part 1 of the contract provides an overview of inspections,surveys and defect defect categories and response times.
- Schedule 7: Part 2: Section 2.7 of the contract provides details of inspections and their frequency during winter.
- Schedule 7: Part 6: Section 3 of the contract details the inspections and their frequency for Structures.
2 (i). The complaints procedure for Scotland Transerv is available at the following link;
2 (ii). The number of claims received were 158 and 16 were upheld.
3 (i). The date of 13 February was a typographical error made by Scotland Transerv. The actual date of inspection was 13 March.
3 (ii) Please refer to question 1.
3(iii) As highlighted in question 1, Schedule 7: Part 2: Section 2.7 of the contract provides details of inspections and their frequency during winter. In addition, Transport Scotland has in place a Performance Audit Group (PAG) who audit, monitor and report on the financial, technical and performance aspects of the operating companies to to ensure standards are being met.
3(iv) Please refer to Annex A of this request which in the Inspection Defect Report from 16 December 2017 to 16 March 2018.
The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at https://www.gov.scot/foi-responses
Please quote the FOI reference
Central Enquiry Unit
Phone: 0300 244 4000
The Scottish Government
St Andrew's House