Road safety on A75 at Springholm: EIR release

Information requested

We refer to your formal response letter dated 13 October 2023 reference 202300376898 under the Environmental Information (Scotland) Regulations 2004 (EIRs) and to the attached formal response by Dumfries and Galloway Council under the same regulations case reference 101000138368.

You then asked a number of questions relating to road safety at Springholm which will be listed in our response.

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.
a. With reference to the Council response Q2 what progress has been made on supporting local authorities to expand their 20mph speed limits by 2025?

A. The Scottish Government is committed to implementing 20 mph speed limits on those roads where it is appropriate to do so by 2025. The 20 mph task group explored the most effective way of achieving that commitment in Scotland, which included identifying the number of roads affected through the road assessment.

Following a 20 mph Task Group meeting in November 2023 it was agreed to support local authorities to expand 20 mph speed limits where appropriate as the optimum route to implement by 2025. As a result, work is now underway to establish a delivery sub group.

b. Is the delivery sub group referred to therein now in place?

A. The delivery sub group is not currently in place however work, in collaboration with SCOTS and COSLA, is underway to establish this sub group.

c. If the response to 1.b. is in the affirmative has the delivery sub group now discussed required funding with LA representatives?

A. As noted above, the delivery sub group is not currently in place.

d. If the response to 1.c. is in the affirmative what is the outcome regarding LA funding to assist in implementing their 20mph roll out by 2025?

A. As per response to 1c.

2.
a. We note from your formal response letter dated 13 October 2023 reference 202300376898 Annex B that a list of 104 locations has been highlighted for consideration under the Road Assessment Guidance and that these include some locations with more than one 30mph speed limit and these are denoted by 1, 2, etc. after the name. We further note from the Dumfries and Galloway Council response to our Q1 a-d that Transport Scotland are stated to be currently reviewing and assessing 30mph trunk roads in the D&G council area. Is this correct?

A. Yes, this is correct.

b. If the response to 2.a. is in the affirmative what factors comprise the assessment of these 30mph trunk roads?

A. 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. As part of our response to your previous EIR (202300376898) we provided you with the requested criteria under ‘Annex A - National Strategy for 20mph - Road Assessment Guidance (June 2022)’. If, however, you no longer have this information please let me know and I will send you another copy.

c. If the response to 2.a. is in the affirmative to what extent has this task been completed? Please list the communities and routes concerned.

A. The initial assessment has been completed and the findings have or are in the process of being shared with stakeholders. The list of communities and routes concerned is attached in Annex A to this response.

d. If the response to 2.a. is in the affirmative to what extent shall the outcome be publicly announced?

A. 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. As the process is ongoing we do not hold information to confirm to what extent the assessment of 30mph trunk roads will be publicly announced. 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 20 mph speed limits clearly we cannot provide information which we do not hold.

e. If the response to 2.a. is in the affirmative if any street forming part of a trunk route is deemed unsuitable will the reasons be applied consistently and properly disclosed for public scrutiny and community representations?

A. 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. As the process is ongoing this is still to be confirmed.

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

f. Is Police Scotland's de facto policy of non-enforcement and only supporting 20 MPH on the basis of anticipated self-enforcement to a carry weight when set against the protection of the vulnerable?

A. 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 hold information to explain if Police Scotland's have a policy of non-enforcement and only supporting 20 MPH on the basis of anticipated self-enforcement to a carry weight when set against the protection of the vulnerable.

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 Police Scotland policies, clearly we cannot provide information which we do not hold. However, you may wish to contact Police Scotland at foi@scotland.police.uk who may be able to help you.

g. Are pre-existing higher mean speeds i.e. closer to 30mph than 20mph to be used as a reason to deny those in harm's way 20mph protection?

A. The Place Criteria to identify appropriate roads in the initial assessment is provided in Annex A of the response to EIR reference 202300376898. It does not take into account pre-existing speeds. Preexisting speeds may be raised by stakeholders through the engagement process described above. This feedback will be considered as part of the decision by Transport Scotland to progress a 20mph speed limit.

h. Will Transport Scotland follow the principle of reverse discrimination to protect the vulnerable minority in harm's way or will the journey times for drivers and the anticipated propensity of a significant proportion for disobedience and unenthusiastic policing be allowed to override the enhanced protection for the vulnerable when even minority compliance would deliver significant safety margin gains in the order of 6% for every 1 mph drop in mean speed by de-escalating endangering and blighting traffic kinetic energy , particularly of the largest HGVs? (Research and evidence shows that faster unimpeded 30mph routes show the highest actual reductions in speed when designated 20mph. On free-flowing 20mph roads DFT research shows they were around 6mph lower for every class of vehicle than on similar 30mph roads.)

A. The Scottish Government has committed to implement 20 mph speed limits on those roads where it is appropriate to do so by 2025. The Place Criteria used to identify appropriate roads in the initial assessment is provided in Annex A of the response to EIR reference 202300376898. This does not take into account journey times for drivers.

3.
a. We note from various apparently reliable sources that the UKG has agreed to release to the SG £8 million funding for bringing forward detailed A75 upgrade proposals with an additional promise to subsequently provide funding to deliver these improvements once having been identified. Is this correct?

A. Please refer to Lord Davies of Gower’s reply in the House of Lords on the 14 February 2024 to a question from Baroness Foster of Aghadrumsee. For ease full details can be found here: https://hansard.parliament.uk/lords/2024-02-14/debates/835AB140-2CDB-4032-9470-
C92F2004D26A/NetworkNorth#contribution-E1B21D02-EFBE-4DB2-9164-A0B14D265DA7

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(s) listed, then please contact me again and I will send you a paper copy.

b. If the response to 3.a. is in the affirmative is the funding now in place for the route upgrade study?

A. The funding has been confirmed, but not yet received.

c. Has the study commenced?

A. The study has not commenced.

d. What is the timetable for the conclusion of the study?

A. 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. The timetable is not yet confirmed and is therefore not held by Transport Scotland. Information on likely timescales will be provided to members of the public and other stakeholders following commencement of the study work

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 an A75 upgrade clearly we cannot provide information which we do not hold.

e. Who is leading the study?

A. As this is a devolved matter regarding a Trunk Road, Transport Scotland will lead the study.

f. Will consulting engineers be engaged to consider the detail of a potential re-alignment to bypass Springholm and Crocketford?

A. Subject to confirmation of funding from the UK Government, it is proposed that suitably experienced technical advisors will be appointed to support the feasibility study. The study will explore options for the realignment of the A75 around the settlements of Springholm and Crocketford.

g. To what extent will this study afford any opportunity for community engagement before its conclusion?

A. Subject to confirmation of funding from the UK Government and progression of the study, it is anticipated that significant public and stakeholder consultation will be required throughout the design development and assessment process. Information on likely timescales of such engagement events will be appropriately communicated to members of the public and other stakeholders following commencement of the study work.

h. At the conclusion of the study will the route upgrade proposals to unlock the second stage of funding be made public?

A. This will be subject to further discussions with UK Government and is expected to be subject to the normal capital spending review and budget cycles.

i. Has the UKG agreed to ring fence its final stage contribution for delivering the identified upgrades to ensure the proposals will remain funded if the present UKG fails to survive the next general election?

A. 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 as work on these proposals have not been completed to allow a timeline to be developed.

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 future funding of road improvements on the A75, clearly we cannot provide information which we do not hold.

j. What funding contribution, if any, is being made by the SG in respect of the A75 upgrade proposals?

A. Transport is a devolved matter and the A75 is part of the trunk road network in Scotland for which Scottish Ministers are responsibility. Transport Scotland will be responsible for the managing work on any future improvements. Funding allocations for these will be subject to the normal Scottish Government capital spending review and budget cycles

4.
a. Following a long and ongoing history of serious collisions at the Haugh of Urr junction with the A75 we understand this is to be redesigned. Is that correct?

A. Investigations are currently underway to explore safety enhancements at the A75 at the Haugh of Urr junction.

b. If the response to 4.a. is in the affirmative what is the timescale?

A. The investigation work is due to conclude and associated recommendations will be taken forward for delivery in 2024/25, subject to available funding.

c. Will any consideration be given to creating a roundabout set a little further west so as to eliminate the dangerous T junction with the minor road to Corsock bearing in mind that to do so would then create an opportunity to link to the western end of an extended and combined Crocketford and Springholm bypass retaining the then former A75 alignment as access to both for local traffic? (This could be complemented by a second roundabout just outside Crocketford on the New Galloway road. It would be madness if these A75 villages were to be denied 20mph main street limits until such time as the endangering A75 traffic is re-routed. A bad precedent is already seemingly set with regard to your London Road (A75) in Stranraer. We hope that is soon overturned because speed limits above 20mph endorse driving at speeds which restrict residents mobility, cause fear and ultimately may kill.)

A. These type of specific proposals, i.e roundabouts, are a matter for consideration as part of any future design development of a Springholm / Crocketford bypass. The A75 (London Road) in Stranraer has been assessed using the Place Criteria provided in Annex A of the response to EIR reference 202300376898. This location is being considered for a 20mph speed limit and discussions are taking place with stakeholders in this regard. The speed limit on nontrunk roads in the area around London Road was reduced to 20mph by Dumfries and Galloway Council, the road authority for these routes. The planning for this speed limit reduction pre-dated the National Strategy for 20mph. Dumfries and Galloway Council is unable to promote any speed limit on trunk roads, since they are not the road authority.

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.

EIR 202400401831 - Information released - Annex

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