Publication - FOI/EIR release

A85 Oban, records of complaints accidents road inspection and maintenance: FOI release

Published: 23 Oct 2018

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

Published:
23 Oct 2018
A85 Oban, records of complaints accidents road inspection and maintenance: FOI release
FOI reference: FOI/18/02726  
Date received: 1 October 2018  
Date responded: 23 October 2018
 
Information requested
 
For a period of 24 months prior to 22 August 2018 being:
  1. Records of inspection for Dunollie Road, Oban.
  2. Maintenance Records, including records of independent contractors working in Dunollie Road, Oban.
  3. Statement of your Road Authorities Policy under the Code of Practice for Delivering Best Value in Highway Maintenance 2001 or alternatively records of the minutes of highway authority or local authority meetings where maintenance or repair policy has been discussed or decided.
  4. Records of complaints about the state of Dunollie Road, Oban.
  5. Records of other accidents (vehicular or pedestrian) which have occurred in Dunollie Road, Oban.

 

Response
 
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. Please refer to Annex A of this request which is the inspection records for Dunollie Road for the period of 24 months prior to 22 August 2018. 

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.”

2. Annex B of this request is the maintenance records of all contractors working in Dunollie Road, Oban, 24 months prior to 22 August 2018. 

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 Article 5(1) of the General Data Protection Regulation and in section 34(1) of the Data Protection Act 2018. 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. The Scottish Ministers Requirements, set out in the 4th Generation Term Contracts, are a bespoke set of requirements specific to the management and maintenance of the Scottish Trunk Road Network. The requirements meet or exceed the standards set out in the national codes of practice. The 4th Generation Term Contract for management and maintenance of the Scottish Trunk Road Network can be viewed with the following web link: 

https://www.transport.gov.scot/media/35899/nw-combi.pdf

4. A record of complanits regarding Dunollie Road is at Annex C of this request. We have also applied exception under regulation 11(2) of the EIRs (personal information) as it 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 Article 5(1) of the General Data Protection Regulation and in section 34(1) of the Data Protection Act 2018. 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. Records of other accidents (vehicular or pedestrian) which have occurred in Dunollie Road, Oban can be found at Annex D.

 

About FOI
 

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
 

foi-18-02726 Annex A

9 page PDF
82.3 kB

foi-18-02726 Annex B

15 page PDF
930.2 kB

foi-18-02726 Annex C

2 page PDF
325.9 kB

foi-18-02726 Annex D

2 page PDF
189.1 kB

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 
EH1 3DG