Risk assessment on speed limit at M74 roadworks at Nethan viaduct: EIR release

Information requested

I have requested the documented risk assessment undertaken to decide on a 30mph speed limit at the M74 roadworks at Nethan viaduct including the traffic count data used to inform that assessment. The works were due to commence in October 2024 so the above information would be some time before that I assume.

I would also request a copy of Transport Scotland policy/procedure for carrying out an assessment for traffic management control on high speed roads and the list of all Transport Scotland procedures for the management of roadworks on high speed roads.

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.

Documented risk assessment undertaken to decide on a 30mph speed limit at the M74 roadworks at Nethan viaduct.

Please see Annex A to this response for a copy of the most recent Traffic Impact Assessment, prepared by our Operating Company Amey, which was used for the initially proposed 2+1 contraflow arrangements. Due to the expected delays Transport Scotland asked Amey to proceed with a 2+2 contraflow arrangement.

An exception under 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.

Traffic count data used to inform that assessment

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 some of the information required as no traffic count was carried out for these works. Relevant traffic flow data was extracted from the National Traffic Data System (NTDS)

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 traffic count data, clearly we cannot provide information which we do not hold. However, please see Annex B for a copy of the 30mph design considerations for your information.

Transport Scotland's policy/procedure for carrying out an assessment for traffic management control on high speed roads and the list of all Transport Scotland procedures for the management of roadworks on high speed roads.

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 some of the information required as Transport Scotland does not have a specific policy/procedure for traffic management control on high speed roads.

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 traffic management on high speed roads, clearly we cannot provide information which we do not hold.

Section 60 of the Roads (Scotland) Act 1984 makes it clear that the proper guarding, lighting and signing of road works are the responsibility of the person carrying them out.

The Health and Safety at Work Act 1974 requires all clients, employers and employees to establish and maintain safe systems of work. Highway authorities, statutory undertakers and contractors must give due attention to the detailed traffic management arrangements at road works sites and incident locations in order to ensure the safety of the public and of their own employees at these obstructions. It is essential for the safety of all concerned that uniform and consistent procedures should be adopted.

A code of practice is in place to enable these legal requirements to be met in a wide variety of circumstances, although it has no statutory force. The relevant code of practice is ‘Chapter 8 Traffic Safety Measures and Signs for Road Works and Temporary Situations’ of the Traffic Signs Manual. The Traffic Signs Manual is applicable in England, Northern Ireland, Scotland and Wales. Chapter 8 is intended to provide a standard of good practice for the signing and marking of obstructions as well as for the temporary traffic control necessitated by such obstructions of the highway, and its contents may be considered as representing what is reasonably practicable for the enforcement of the Health and Safety at Work Act 1974 and associated regulations.

Specifically for Transport Scotland, The Standards for Highways website contains the published Design Manual for Roads and Bridges (DMRB) and Manual of Contract Documents for Highway Works (MCHW) standards documents for motorways and all-purpose trunk roads on behalf of the Overseeing Organisations of England, Northern Ireland, Scotland and Wales. The requirements in DMRB ‘GG 117 The design and implementation of temporary traffic management and road works’ supplement Traffic Signs Manual Chapter 8 (which will continue to retain the majority of guidance and best practice relating to road works and temporary situations).

The following links may be of interest to you.

Traffic signs manual chapter 8 part 1 road works and temporary situations: designs (publishing.service.gov.uk)

Standards For Highways 

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.

FOI 202400438785 - Information released - Annex A

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4.6 MB

FOI 202400438785 - Information released - Annex B

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