M8, Junction 15 maintenance by Scotland Transerv: EIR release

Information requested

You asked:

“ 1. From what date specifically have Scotland TranServe been acting on Transport Scotlands' behalf with regards to the safety checks & 'making safe' the M8?

2. How frequently are Scotland TranServ required to undertake safety regulations of the M8?

3. How many times have they failed to meet their obligations in terms of safety checks from when they became responsible for maintaining the M8?

4.Once a defect has been identified, what specific timescale do they have in order to 'make safe'?

5. How many times have they failed to meet their obligations in terms of 'making safe' from when they became responsible for maintaining the M8?

6. Following an incident on 27/01/2018, what date Scotland TranServ identify a defect on West Bound Junction 15 on from A803 (Springburn)?

7. Prior to 27/01/2018, what date was West Bound Junction 15 on from A803 (Springburn) inspected by Scotland TranServ?

8. Following identification of a defect in relation to an incident on 27/01/2018, what date did Scotland TranServ 'make safe' the defect identified?

9. Please provide all dates West Bound Junction 15 on from A803 (Springburn) was inspected for the period 01/01/2017 to 01/11/2019”.

You clarified on 12 November the time, date and location as approximately 17:30 on 27 January 2018 just as you come off at that junction near to where the bridge passes overhead.  

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.

I have numbered your questions for ease of reference.

1. Scotland TranServ were awarded the contract for management and maintenance of the South West Trunk Road Network with the commencement date being 1 April 2013.

2. All of the information you have requested is available from Transport Scotland’s website page of frequently asked questions which can be found using the following link: https://www.transport.gov.scot/media/44436/frequently-asked-questions-about-the-scottish-trunk-road-network-january-2019.pdf .  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.

3. While our aim is to provide information whenever possible, in this instance the Scottish Government does not have the information you have requested.  Therefore we are refusing your request under the exception at regulation 10(4)(a) of the EIRs.

Inspections are carried out on a weekly basis. No inspections have been missed.

4. All of the information you have requested is available from Transport Scotland’s website page of frequently asked questions which can be found using the following link: https://www.transport.gov.scot/media/44436/frequently-asked-questions-about-the-scottish-trunk-road-network-january-2019.pdf .  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.

5. While our aim is to provide information whenever possible, in this instance the Scottish Government does not have the information you have requested.  Therefore we are refusing your request under the exception at regulation 10(4)(a) of the EIRs.

All defects have been repaired in accordance with the contractual requirements, therefore obligations have been met.

6. While our aim is to provide information whenever possible, in this instance Transport Scotland do not have the information you have requested.  Therefore we are refusing your request under the exception at regulation 10(4)(a) of the EIRs.  This is because no defect was identified by Scotland TranServ patrols.

7. This was inspected on 24 January 2018.

8. While our aim is to provide information whenever possible, in this instance Transport Scotland do not have  the information you have requested.  Therefore we are refusing your request under the exception at regulation 10(4)(a) of the EIRs.  There were no defects identified on this stretch of road.

9. Annex A shows dates of inspections from 01/01/2017 – 01/11/201.

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/19/02492 - Annex A

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