EIR/202600522580 · FOI/EIR · not held
Transport Scotland - M90 temporary average speed camera enforcement and associated speed restriction information: EIR release
Information requested
I am making a request under the Freedom of Information (Scotland) Act 2002 regarding the temporary average speed camera enforcement and associated speed restrictions between M90 Junction 1B and Junction 2, in both the northbound and southbound directions.
Please provide copies of the following recorded information for the relevant period:
1. The approved Traffic Management Plan(s).
2. Signage layout drawings, schedules and traffic management drawings showing the location of all temporary speed restriction signs and average speed camera warning signs.
3. Records of inspections, audits, maintenance checks and compliance checks carried out on the signage.
4. Records of any defects, faults, damage, missing signs, obscured signs, incorrect signs or other signage non-compliance issues identified during the period.
5. Records showing the dates and times when signs were erected, inspected, altered, repaired, replaced or removed.
6. Any photographic records held of the temporary speed restriction signs and average speed camera signs.
7. Documentation confirming that the signing arrangements complied with the relevant legislation, standards, guidance and authorisations.
8. Any reports, correspondence, emails, complaints or internal communications relating to concerns about the visibility, adequacy, accuracy or compliance of the temporary speed restriction signage.
9. Documentation confirming that the average speed camera enforcement system was authorised and operational for enforcement during the relevant period.
10. Records of any reviews, investigations or corrective actions taken in relation to the temporary signage arrangements.
I have previously requested information regarding the signing arrangements and remain concerned that the temporary speed restriction may not have been communicated consistently and accurately throughout the affected section. The information requested is intended to establish the arrangements that were in place and any records demonstrating their compliance.
If any part of this request is considered exempt from disclosure, please provide the specific exemption relied upon and release any remaining information that can be disclosed. If any of the requested information is held by another public authority or organisation, I would be grateful if you could advise accordingly or transfer the request where appropriate.
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.
Response to your request
Q1. You requested the approved Traffic Management Plan(s).
A1. Please see Annex A to this response for a copy of the Traffic Management Plan(s)
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.
Q2. You requested signage layout drawings, schedules and traffic management drawings showing the location of all temporary speed restriction signs and average speed camera warning signs.
A2. Please refer to Annex A for this information.
Q3. You requested records of inspections, audits, maintenance checks and compliance checks carried out on the signage.
A3. In the absence of date parameters, please see Annexes B, C and D to this response for examples of recent TM inspections attached undertaken by contractor.
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.
Q4. You requested records of any defects, faults, damage, missing signs, obscured signs, incorrect signs or other signage non-compliance issues identified during the period.
A4. In the absence of date parameters, please see Annex I to this response for details of correspondence regarding damage to a road sign.
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.
Q5. You requested records showing the dates and times when signs were erected, inspected, altered, repaired, replaced or removed.
A5. In the absence of date parameters, please see Annexes B, C and D to this response for examples of records showing the dates and times when signs were erected, inspected, altered, repaired, replaced or removed.
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.
Q6. Any photographic records held of the temporary speed restriction signs and average speed camera signs.
A6. Please refer to Annexes B, C and D to this response.
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.
Q7. You requested documentation confirming that the signing arrangements complied with the relevant legislation, standards, guidance and authorisations.
A7. Transport Scotland's Operating Company Amey can confirm the documentation confirming the signing arrangements was reviewed and audited prior to being approved for enforcement and was also reviewed by Police Scotland.
Q8. You requested any reports, correspondence, emails, complaints or internal communications relating to concerns about the visibility, adequacy, accuracy or compliance of the temporary speed restriction signage.
A8. In the absence of date parameters, please refer to Annex I to this response for details of correspondence regarding damage to a road sign.
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.
Q9. Documentation confirming that the average speed camera enforcement system was authorised and operational for enforcement during the relevant period.
A9. Under the terms of the exception at regulation 10(4)(a) of the EIRs Transport Scotland is not required to provide information which it does not have. Transport Scotland does not have the information you have requested because this documentation was forwarded to Police Scotland. You may wish to contact them for more details. You can do this at the following address: Freedom of Information - Police Scotland
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 requested above, clearly we cannot provide information which we do not hold.
We have included copies of Temporary Speed Restrictions Order as Annexes E and F to this response for your awareness.
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.
Q10. You requested records of any reviews, investigations or corrective actions taken in relation to the temporary signage arrangement.
A10. In the absence of date parameters, please see Annex G to this response for details of a recent debrief undertaken in respect of M90 Masterton Average Speed Camera Site.
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
If any part of this request is considered exempt from disclosure, please provide the specific exemption relied upon and release any remaining information that can be disclosed. 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.