A82 speed limit: EIR release

Information requested

Please advise,

1. Whether the layout and condition of the A82 trunk road from the boundary of Onich northwards to beyond the Corran Ferry terminal meets the statutory criteria to merit a reduction in speed limit to 40 mph?
2. If so, what steps should be taken and by whom to initiate such a change?
3. What obligations, if any, are incumbent upon the Respondent (or any other party over which the Respondent has control) to control vegetation and tree growth in order to maintain a clear line of sight along the western side of the road in this position? 

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

1. Whether the layout and condition of the A82 trunk road from the boundary of Onich northwards to beyond the Corran Ferry terminal meets the statutory criteria to merit a reduction in speed limit to 40 mph?

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 there is no statutory criteria for a 40 mph speed limit. 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 speed limits, clearly we cannot provide information which we do not hold.

2. If so, what steps should be taken and by whom to initiate such a change?

As part of the Road Safety Framework to 2030, we are undertaking a National Speed Management Review to support a range of policies that helps those Government national outcomes and indicators relevant to this area. Related policy drivers include better road safety and health outcomes, promotion of active travel, climate change mitigation, place making and economic growth. The review has commenced and will consider what appropriate speeds mean within a Scottish context. It will thereafter consider whether any changes to speed limits may be beneficial for specific locations on the trunk road network.

With regard to Q2, what steps should be taken and by whom to initiate such a change, 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 there is no statutory criteria for a 40 mph speed limit, therefore Transport Scotland cannot advise what steps should be taken and by whom to initiate such a change.

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 speed limits, clearly we cannot provide information which we do not hold.

3. What obligations, if any, are incumbent upon the Respondent (or any other party over which the Respondent has control) to control vegetation and tree growth in order to maintain a clear line of sight along the western side of the road in this position?

In order to control vegetation and tree growth to maintain a clear line of sight along the trunk road our operating company for North West Trunk Road Network, BEAR Scotland assesses the condition of all routes through a series of regular inspections. Programmes of work are then carried out with vegetation being generally cut back and maintained to a width of 1.2m within the roadside verge. Please see the attached road boundary map (red line on Map at Annex A) which highlights the areas of road side verge being maintained within the locations mentioned within your enquiry.

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 202300352485 - Information Released - Annex A

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