EIR/202600524919 · FOI/EIR · not held
Transport Scotland Traffic Regulation Order's (TRO) for M90/A90 trunk road: EIR release
Information requested
You stated - I am writing to request information under the Freedom of Information (Scotland) Act 2002 regarding the operation and maintenance logs of the speed enforcement infrastructure on the M90 Northbound.
Specifically, I request the recorded information, data logs, and maintenance reports for the temporary average speed cameras and digital Variable Message Signs (VMS) located on the M90 Northbound before and between Junction 1C and Junction 2.
Please provide the following information for the timeframe of 00:30 AM to 02:30 AM on the 18th of June 2026,
Logs indicating the exact speed limit displayed on the electronic overhead signs/VMS duringthis period. Any recorded maintenance logs, faults, communication dropouts, or calibration errors relating tothese signs or the corresponding average speed cameras during this specific timeframe. The specific Traffic Regulation Order (TRO) or temporary speed restriction order that authorizedthe active speed limit enforced at that exact date and time.
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.
Q1. You requested logs indicating the exact speed limit displayed on the electronic overhead signs/VMS during the period 00:30 AM to 02:30 AM on the 18th of June 2026
A1. 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. Transport Scotland does not have the information you have requested because the speed limit components of the gantries at this location are out of service due to the roadworks. The purpose of this is to prevent conflict with the fixed temporary speed limit signage associated with roadworks.
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 speed limit displays as requested above, clearly we cannot provide information which we do not hold.
Q2. You requested any recorded maintenance logs, faults, communication dropouts, or calibration errors relating to these signs or the corresponding average speed cameras during this specific timeframe.
A2. While our aim is to provide information whenever possible, in this instance Transport Scotland 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 because Transport Scotland does not hold any maintenance logs, faults, communication dropouts, or calibration errors relating to these signs or the corresponding average speed cameras.
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. Transport Scotland does not have the information you have requested because the speed limit components of the gantries at this location are out of service as advised above.
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 maintenance logs, faults, communication dropouts, or calibration errors as requested above, clearly we cannot provide information which we do not hold.
Q3. You requested the specific Traffic Regulation Order (TRO)
A3. Please see Annexes A and B to this response for copies of the relevant Traffic Regulation Order's (TRO).
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.
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.
Detected exemption language
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. 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.