Publication - FOI/EIR release

A83 at Cairndow: road inspection reports: EIR release

Published: 3 Sep 2018

Information request and response under the Environmental Information (Scotland) Regulations 2004.

Published:
3 Sep 2018
A83 at Cairndow: road inspection reports: EIR release

FOI reference: FOI/18/02013
Date received: 27 July 2018 
Date responded: 27 August 2018
 
Information requested

We refer to the above and would be grateful if you would provide us with the following information relating to the A83, Cairndow. The road is parallel to the service road which leads to the Cairndow Stagecoach Inn. We have enclosed map to point the exact section of the carriageway. To narrow the search, we would be happy to restrict the information to 500 metres either side of location.

1. Details of the owners of occupiers of the A83, Cairndow in the period of 10 August 2015 to date;

2. Details of all works carried out by Transport Scotland or BEAR Scotland, planned or otherwise, on the A83, Cairndow (as per the map) in the period of 10 August 2015 to date;

3. Details of the categorisation of hazard for defects in drainage and/or flooding on the A83, Cairndow (as per the map) in the period of 1 August 2015 to date and specifically confirm the definition of a Category 1 or 2H defect;

4. Details of any complaints received, in any form, about defects or damage to drainage and/or flooding on the A83, Cairndow (as per the map) in the period of 1 August 2015 to date;

5. Details of any accidents caused by defects, flooding and/or drainage on the A83 Cairndow (as per the map) in the period of 1 August 2015 to date;

6. Details of reported flooding on the A83, Cairndow (as pr the map) in the period of 1 August 2015 to date.

7. Details of investigations into the drainage on the A83, Cairndow (as per the map) in the period of 1 August 2015 to date.

8. Details of all inspections, including date and time of those inspections, inspection route and manner in which the inspections are carried on the drainage on the A83, Cairndown (as per the map) in the period of 1 August 2015 to date;

9. Details or guidance on the timescale within which repairs to defects, drainage and/or flooding are carried out on the A83, Cairndow (as per the map) in the period of 1 August 2015 to date;

10. Details of all maintenance and repairs, including works instructed and finally completed, to defects, drainage and/or damage on the A83, Cairndow (as per the map) in the period of 1 August 2015 to date;

11. Details of all correspondence to independent contactors, utility companies or any other 3rd parties relating to work carried out by them, including the location of such works on the A83, Cairndow (as per the map) in the period of 1 August 2015 to date;

12. Details of all correspondence to and from Transport Scotland to third parties requesting repair to defects, drainage and/or flooding or damage on the A83, Cairndow (as per the map) in the period of 1 August 2015 to date.

13. Details of the specification of the drain in situ at the time, including the size/diameter of the pipes on the A83 Cairndown, (as per the map) in the period of 1 August 2015 to date.

14. Details of the same specification of pipes and drainage plan for after the road resurfacing on the A83, Cairndow (as per the map).

15. Details of regular cleaning or dredging of the drains on the A83, Cairndow (as per the map) in the period of 1 August 2015 to date.

16. Details of any road-surfacing carried out on the A83, Cairndow (as per the map) in the period of 1 August 2015 to date.

17. A map showing the layout of the drain on the A83, Cairndow (as per the map) in the period of 1 August 2015 to date.

18. Information about the water table on the A83, Cairndown (as per the map) in the period of 1 August 2015 to date.’

Response

I have numbered our response for ease of reference. 

1. 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 this exception applies is that Transport Scotland have not done a search of this area in the past.

However, you may wish to contact Registers of Scotland at (https://www.ros.gov.uk/) who may be able to help you.

2. Please refer to Annex A of this request which details of all works carried out by Transport Scotland or BEAR Scotland, planned or otherwise, on the A83, Cairndow (as per the map) in the period of 10 August 2015 to date.

In relation to Annex A, we have applied 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.

We have also applied an exception under regulation 10(5)(e) of the EIRs (substantial prejudice to confidentiality of commercial information) to applies to some of the information you have requested. This exception applies because disclosure of this particular information would, or would be likely to, prejudice substantially the confidentiality of commercial information provided by Bear Scotland and thus cause substantial harm to their commercial interests.  

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. We recognise that there is a public interest in disclosing information as part of open and transparent government, and to help account for the expenditure of public money. However, there is a greater public interest in protecting the commercial interests of companies which tender for Scottish Government contracts, to ensure that we are always able to obtain the best value for public money.

3. In relation to how hazards are deemed actionable for defects or damage for Bear Scotland, the documentation which defines a Category 1 and Category 2 defect can be viewed with the following web link: 

http://www.transportscotland.gov.uk/road/maintenance/operating-companies

However, please see below the definition as per the 4th Generation Term Contract for management and maintenance of the Scottish Trunk Road Network;

"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.”

4. Please refer to Annex B which contains details of any complaints received, in any form, about defects or damage to drainage and/or flooding on the A83, Cairndow (as per the map) in the period of 1 August 2015 to date. 

In relation to Annex B, we have applied 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.

5. Please refer to Annex C which contains details of any accidents caused by defects, flooding and/or drainage on the A83 Cairndow (as per the map) in the period of 1 August 2015 to date. 

Exception 10(5)(a) of the EIRs (prejudice to international relations, defence, national security or public safety) has also been applied to some of the information you have requested in Annex B.  This exception applies because disclosure of this information would, or would be likely to endanger the physical or mental health or safety of an individual. 

Please note that the information provided is based on the current figures available.  The following are potential reasons for an accident not appearing on our system:

•           Transport Scotland only holds accident information which is provided to us by Police Scotland.

•           Transport Scotland does not hold information relating to damage only accidents (i.e. not involving an injury).

•           Transport Scotland only holds accident information for the trunk road network.

•           The accident information Transport Scotland holds is subject to change.  E.g. we receive late returns from Police Scotland, who are responsible for recording details of injury accidents.

•           Annual Scottish accident figures are published by Transport Scotland on a yearly basis and can be found by entering Reported Road Casualties Scotland into your search engine.

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 EIRs.  The reason why this exception applies is that there was no flooding reported. 

7. Drainage investigation work was carried out by our operating company Bear Scotland on the 30/11/2017 to determine the condition of an existing length of filter drain. The filter drain material was then renewed 08/02/2017 – 10/02/2017.

Please see attached Annex A and Annex D of this request. In relation to Annex D, we have applied 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.

We have also applied an exception under regulation 10(5)(e) of the EIRs (substantial prejudice to confidentiality of commercial information) to applies to some of the information you have requested. This exception applies because disclosure of this particular information would, or would be likely to, prejudice substantially the confidentiality of commercial information provided by Bear Scotland and thus cause substantial harm to their commercial interests. 

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. We recognise that there is a public interest in disclosing information as part of open and transparent government, and to help account for the expenditure of public money. However, there is a greater public interest in protecting the commercial interests of companies which tender for Scottish Government contracts, to ensure that we are always able to obtain the best value for public money.

8. Please refer to Annex E which is the Inspection Defect Report for all inspections in the period of 1 August 2015 to date. 

9. Please refer to our answer in question 3. 

10. Please refer to Annex E. In addition, drainage grips were cleared or re-dug on the following dates:- 22/07/2014, 15/08/2014, 22/04/2016, 21/04/2017 and 05/04/2018. 

11 and 12. Please refer to Annex D. 

13. The filter drain located within the defined extents contains a 225mm diameter pipe.

14. No changes were made to the adjacent filter drain during the resurfacing works.

15. There are no drains at this location which require regular cleaning or dredging of the drains.

16. Please refer to Annex A of this request. 

17. Please refer to Annex D of this request. 

18. While our aim is to provide information whenever possible, in this instance the Scottish Government 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 reasons why that exception applies is that Transport Scotland do no hold this information.

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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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