Publication - FOI/EIR release

M74 (northbound carriageway) between Junction 1 and 1A: EIR release

Published: 9 August 2023
Topic: Public sector, Transport
FOI reference: FOI/202300348002
Date received: 16 March 2023
Date responded: 11 April 2023

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

Information requested

The below noted information in relation to the area of road located on the M74 northbound carriageway between junction 1 and 1A. Please provide me with all documents and records, whether in hard copy or digital in relation to:-

The Policy in force as of 3rd May 2021, in regards the inspection, repair and draining of flooding at the area of road at the above noted location.
All records of inspection of the road noted at the above noted location from 1st May 2019 to date.
All records of complaints in regards to the condition or flooding of the road at the above noted location from 1st May 2019 to date.
All records of repairs in regards to flooding and drainage of the road at the above noted location from 1st May 2019 to date.
All records of accidents caused at this area of road from 1st May 2019 to date.
Confirmation of the number of inspections carried out at the above noted location on an annual basis.

I also request any photographs held relating to the above requested information.

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.

Response to your request

To aid with my response I have retained the numbering from your request above:

1. All our Operating Companies comply with the inspection requirements for network condition and safety set out in Transport Scotland’s, Trunk Road Information Manual Section 3. A copy of this can be found in Annex A to this response.

2. Please see Annexes B and C to this response for a copy of the inspection and defect reports.

3. 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. We do not have the information you have requested because we have no record of flood complaints held for this location and date range.

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. While we recognise that there may be some public interest in information about complaints about flooding, clearly we cannot provide information which we do not hold.

Annex D to this response provides complaints regarding the condition of the road for the location and date range requested.

4. 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. We do not have the information you have requested because we have no record of flood complaints or drainage repairs for this location and date range.

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. While we recognise that there may be some public interest in information about repairs in regards to flooding and drainage of the road, clearly we cannot provide information which we do not hold.

5. Please see Annex E to this response for details of Personal Injury Accident for this area of road from 1 May 2019. 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. We do not have some of the information you have requested because we currently only hold accident data up to 4 February 2023.

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. While we recognise that there may be some public interest in accidents on the M74, clearly we cannot provide information which we do not hold.

6. On an annual basis 52 safety inspections are carried out.

About FOI

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