Footpath next to East Kilbride Expressway, inspections, maintenance and repairs: EIR release
Information request and response under the Environmental Information (Scotland) Regulations 2004.
Information requested
1. Details of all works, planned or otherwise, on the footpath next to East Kilbride Expressway, between Whitemoss Roundabout and the entrance to Avondale Avenue, in the period from 28/10/2017 to 28/11/2018.
2. Details of Transport Scotland’s Code of Practice for maintaining the road and pathways next to the road.
3. Details of Transport Scotland’s policy on identifying an actionable hazard in the period 28/10/2017 and 28/11/2018.
4. Details of all complaints received, in any form, about defects or damage to the footpath next to East Kilbride Expressway, between Whitemoss Roundabout and the entrance to Avondale Avenue, in the period from 28/10/2017 to 28/11/2018.
5. Details of Transport Scotland’s policy for the verification and assessment of complaints about defects or damage to the footpath next to East Kilbride Expressway, between Whitemoss Roundabout and the entrance to Avondale Avenue, in the period from 28/10/2017 to 28/11/2018.
6. Details of all inspections, including dates and times of those inspections, inspection route and manner in which the inspections were carried out on the footpath next to East Kilbride Expressway, between Whitemoss Roundabout and the entrance to Avondale Avenue, in the period from 28/10/2017 to 28/11/2018.
7. Details of how regularly inspections should be carried out on the footpath next to East Kilbride Expressway, between Whitemoss Roundabout and the entrance to Avondale avenue, in the period from 28/10/2017 to 28/11/2018, as well as information about the manner in which these inspections should be carried out.
7. Details of Transport Scotland’s policy for the reporting of defects or damage to the footpath next to East Kilbride Expressway, between Whitemoss Roundabout and the entrance to Avondale Avenue, in the period from 28/10/2017 to 28/11/2018.
8. Details of all defects or damage to the footpath, whether from complaints, inspections or spot checks, next to East Kilbride Expressway, between Whitemoss Roundabout and the entrance to Avondale Avenue, in the period from 28/10/2017 to 28/11/2018.
9. Details of Transport Scotland’s policy or guidance showing how defects or damage to the footpath next to East Kilbride Expressway, between Whitemoss Roundabout and the entrance to Avondale Avenue, in the period from 28/10/2017 to 28/11/2018, should be repaired.
10. Details of Transport Scotland’s policy or guidance on the time scale within which repairs to defects or damage to the footpath next to East Kilbride Expressway, between Whitemoss Roundabout and the entrance to Avondale Avenue, in the period from 28/10/2017 to 8/11/2018, should be carried out.
11. Details of all maintenance and repairs, including the works that were instructed and finally completed to defects or damage to the footpath next to East Kilbride Expressway, between Whitemoss Roundabout and the entrance to Avondale Avenue, in the period from 28/10/2017 to 28/11/2018.
12. Details of all correspondence to independent contractors relating to work carried out by them, including the location of such works, to the footpath next to East Kilbride Expressway, between Whitemoss Roundabout and the entrance to Avondale Avenue, in the period from 28/10/2017 to 28/11/2018.
13. Details of all correspondence by Transport Scotland to third parties requesting repair to defects or damage to the footpath next to East Kilbride Expressway, between Whitemoss Roundabout and the entrance to Avondale Avenue, in the period from 28/10/2017 to 28/11/2018.
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. While our aim is to provide information whenever possible, in this instance we do 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 there were no works planned during this time period.
2. 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/35900/sw-combi.pdf
Our 4G contract and Road Asset Management Plan sets out Transport Scotland’s approach to the maintenance of the trunk road network. The Road Asset Management Plan is available online at;
3 / 5 / 7 (both) / 10 and 11. Details of the inspections and surveys that are carried out by our operating company, Scotland Transerv can be found within the 4th Generation Term Contract for Management and Maintenance of the Scottish Trunk Road Network;
https://www.transport.gov.scot/media/35900/sw-combi.pdf
- Schedule 7: Part 1 of the contract provides an overview of inspections and surveys.
- 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.
Further details of the inspections and surveys can be found in the Transport Scotland Road Asset Management Plan, Section 5.2;
Procedures for rectifying defects are categorised as Category 1 and 2 defects. 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. While our aim is to provide information whenever possible, in this instance we do 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 there was no complaints received regarding the footpath .
6 / 8. Please refer to Annex A of this request which is the inspection defect report for the area and time frame requested. This report also details all defects found.
9. All of the information you have requested is available from
Please refer to Section 5, Categories of Defects on page 12. This details the catergory of repairs and the timescales of when they should be repaired.
Under regulation 6(1)(b) of the EIRs, we do not have to give you information which is already publicly available and easily accessible to you in another form or format.
12 and 13. While our aim is to provide information whenever possible, in this instance we do 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 we do not hold any correspondence to independent contractors or correspondence by Transport Scotland to third parties requesting repair to defects.
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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 Andrews House
Regent Road
Edinburgh
EH1 3DG
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