Speeding ticket, notice of intended prosecution (NIP) and road works information on M74: EIR release

Information requested

1. I would like to know how much revenue has been made from drivers with speeding tickets on the M74 between junctions 9 and 11 while 30 mph limit was in place.

2. How many NIP's have been sent out?

3. Could you also tell me why is there nearly 3 miles of restriction for only 300 yards of road works.

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.

1. I would like to know how much revenue has been made from drivers with speeding tickets on the M74 between junctions 9 and 11 while 30 mph limit was in place.

2. How many NIP's have been sent out?

Under the terms of the exception at regulation 10(4)(a) of the EIRs (information not held), the Scottish Government is not required to provide information which it does not have. The Scottish Government does not have the information you have requested because all cameras are operated by the relevant safety camera unit on behalf of Police Scotland. They control the enforcement pattern and are responsible for all of the back office processes, including Notices of Intended Prosecution. Our Operating Company, Amey, does not have access to this data. All fines are collected by Police Scotland and are offset by an adjustment in the Scottish Block Grant. Transport Scotland does not make a revenue and Transport Scotland holds no records. Enquiries of this nature should be directed to the Police Scotland Safety Cameras Unit at Contact — Police Scotland Safety Cameras.

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 speeding fines, clearly we cannot provide information which we do not hold.

3. Could you also tell me why is there nearly 3 miles of restriction for only 300 yards of road works.

Amey, on behalf of Transport Scotland, are responsible for the maintenance and operation of the M74 at this location. These works are only implemented following full and ongoing consultation with stakeholders which include Transport Scotland, Local Authorities, Operating Companies and Emergency Services.

To ensure the safety of road users and roadworkers during the essential maintenance works on M74 Nethan Viaduct, Lesmahagow, Junction 9 to Junction 11, a decision was taken to implement a 30mph speed limit, in consultation with Traffic Scotland, Amey, Sub-Contractors and other operational stakeholders. The following key points were taken into consideration due to high risk of operatives being struck by a passing vehicle:

• This route has a high volume of HGV traffic.
• Works are located on a high-speed road.
• Works are located at the bottom of a hill.
• Safety zones are required due to 2+2 contraflow system (2 lanes open northbound and 2 lanes open southbound) being in operation, meaning workers are undertaking works on the same carriageway as traffic (segregated by temporary barrier). This 2+2 traffic management layout means there is 100% capacity to reduce tailbacks and delays but has meant that the speed limit has been reduced to provide road user and road worker safety.
• Unfortunately, this area of trunk road has historically poor compliance with speed restrictions, so we have had to enforce this 30mph with average speed cameras.

Advanced signage has been put in place to the recognised standards however it may seem excessive for road users at present as works are focused on the bridge deck at Junction 10. The extents of our traffic management and the average speed cameras have been put in place to the requirements of the main refurbishment works, which utilise the crossover at Junction 10 and a crossover north of Junction 11. The northern crossover was constructed pre-works to shorten the overall length of traffic management while the southern crossover was the most suitable existing option. A new southern crossover could not be constructed closer to the works site as the topography of the existing carriageway would not allow it.

Restrictions have been imposed to allow for full capacity to remain (with 4 lanes in operation: a 2+2 contraflow) A 40mph speed limit could have been introduced if a 2+1 contraflow was put in place with traffic running on the opposite carriageway from the works. However, for safety reasons and to maintain a consistent traffic flow, a 2+2 contraflow was the agreed, favoured, option.

Unfortunately, following an HGV incursion into the works zone, traffic management arrangements within the last phase had to be altered to a 1+1 traffic management arrangement while options were reassessed to ensure roadworker and public safety.

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