A96 Traffic Regulation Orders and traffic study: EIR release

Information requested

A copy of the relevant TROs for the recent changes to the speed limit on the A96 at Nairn.

Also, I am aware of a traffic study conducted with temporary traffic counters recently, can you please provide me with a copy of the report/data from this study, including the data in machine readable format.

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.

To aid with my response, I have answered your questions in the order that they were received:

You asked for a copy of the relevant TROs for the recent changes to the speed limit on the A96 at Nairn.

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 listed, then please contact me again and I will send you a paper copy. A copy of the Temporary Traffic Regulation Order (TTRO) for A96 Trunk Road in Nairn is available online and can accessed using the following link – The A96 Trunk Road (Nairn) (Temporary 20mph Speed Restriction) Order 2023

Please see Annex A to this response for a copy of the extension letter extending the A96 Trunk Road (Nairn) (Temporary 20mph Speed Restriction) Order 2023 TRO.

An exception under www.transport.gov.scot regulation 11(2) of the EIRs (personal information) applies to some of the information requested because it is personal data of a third party and disclosing it would contravene the data protection principles in Article 5(1) of the General Data Protection Regulation and in section 34(1) of the Data Protection Act 2018. This exception is not subject to the 'public interest test', so we are not required to consider if the public interest in disclosing the information outweighs the public interest in applying the exception.

You asked for a copy of the traffic study report that was conducted with temporary traffic counters.

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 listed, then please contact me again and I will send you a paper copy. A copy of the speed survey data is available online and can be accessed using the following link - https://www.highland.gov.uk/info/1523/transport_and_streets/1049/20mph_programme/4

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at https://www.gov.scot/foi-responses.

EIR 202500467545 - Information released - Annex A

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