Operation of the traffic lights at specified location: EIR release

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


Information requested

I would like to request under the Freedom of Information (Scotland) Act 2002 (FOISA) for;

1. A copy of the light sequencing for the traffic lights at this location on 8 December 2018.
2. The date on which the traffic lights at this location were installed, and
3. Any complaints made about the operation of the traffic lights on 8 December 2018

On the 25 July 2019 you provided clarification on the exact location of the traffic lights, I have attached the photograph you have provided pin pointing the exact location.

On 20 August 2019, Transport Scotland asked for further clarification for Question 1. You provided this information which I’ve highlighted below;

1. A copy of the light sequencing for the traffic lights at this location on 8 December 2018 between 18:45 and 19:45.
2. The date on which the traffic lights at this location were installed, and
3. Any complaints made about the operation of the traffic lights on 8 December 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.

Please find a response to each of your questions below.

1. A copy of the light sequencing for the traffic lights at this location on 8 December 2018 between 18:45 and 19:45.

While our aim is to provide information whenever possible, in this instance Transport Scotland does not have the information you have requested. We do not hold this information and our project contractor, Scottish Roads Partnership (SRP) who has responsibility for the operation and maintenance of the trunk road network at this location, has confirmed they do not hold records of the light sequencing for the traffic signals for the times stated above. Under the terms of the exception at regulation 10(4)(a) of the EIRs (information not held), Transport Scotland is not required to provide information which it does not have.

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. While we recognise there may be some public interest in a copy of the light sequencing report clearly we cannot provide information which we do not hold.

2. The date on which the traffic lights at this location were installed.

SRP has confirmed that traffic signal installation at the location you have specified was completed on 16 February 2017.

3. Any complaints made about the operation of the traffic lights on 8 December 2018.

SRP has confirmed there were no reported faults for 8 December 2018 and the M8 Operational Control Room did not receive any complaints regarding traffic lights at this location on 8 December 2018.

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-19-01804 - Specified Location

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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