- 14 Feb 2020
Date received: 8 Jan 2020
Date responded: 13 Feb 2020
We request documentation for a period of 12 months prior to 3 October 2019 being :
1. Records of inspection for A90 Kingsway Dundee.
2. Maintenance Records, including records of independent contractors working on A90 Kingsway Dundee.
3. Statement of your Road Authorities Policy under the Code of Practice for Highway Maintenance Management 2005 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 A90 Kingsway Dundee.
5. Records of other accidents which have occurred in A90 Kingsway Dundee.”
You clarified question 3 on 21 January asking for a link to this document and also confirm whether or not Transport Scotland follow the policy.
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.
1. 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 see Annex A to this response, inspection records for the A90 Kingsway from 3 October 2018 – 3 October 2019.
2. Please see Annex B to this response, maintenance records for the A90 Kingsway from 3 October 2018 - 3 October 2019.
3. 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. If, however, you do not have internet access to obtain this information from the website(s) listed, then please contact me again and I will send you a paper copy. The link to the document you have requested is available from http://www.ukroadsliaisongroup.org/en/UKRLG-and-boards/uk-roads-board/wellmaintained-highways.cfm
Transport Scotland and our Operating Company for the A90 Kingsway adhere to the policy for maintenance in our 4th Generation Contract for management and maintenance of the Trunk Road network https://www.transport.gov.scot/media/44436/frequently-asked-questions-about-the-scottish-trunk-road-network-january-2019.pdf)
4 Please see Annex C to this response, complaints records for the A90 Kingsway from 3 October 2018 - 3 October 2019
5. Please see Annex D to this response, accident data for the A90 Kingsway from 3 October 2018 - 3 October 2019
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.
Please quote the FOI reference
Central Enquiry Unit
Phone: 0300 244 4000
The Scottish Government
St Andrews House