FOI/202600538643 · FOI/EIR · not held
A96 faulty traffic signals: EIR release
Information requested
Please find attached my formal Freedom of Information / Environmental Information request concerning the ongoing issues with the faulty traffic signals on the A96 in Nairn and the proposed works currently scheduled to commence on 19 October 2026.
I am submitting this request following continued concerns regarding the length of time these signals have been malfunctioning, the significant congestion and disruption being caused within Nairn, and the delays to the permanent repair/upgrade.
I previously understood that the issue was expected to be resolved by April 2026. I have now been advised that a full upgrade is required and that works will not commence until October. Given the considerable period of time involved and the impact this is having on the town, I am seeking the recorded information detailed in the attached request.
I would be grateful if you could acknowledge receipt of this email and confirm that my request has been logged for response under the appropriate information legislation.If any of the information requested is held by another organisation or department, I would appreciate advice on this and, where appropriate, for the relevant part of the request to be forwarded or referred accordingly. Your stated the following:
I would be grateful if you could provide the following recorded information:
1. History and cause of the fault Please provide records showing when Amey first became aware that these traffic signals were malfunctioning, the nature of the faults identified, inspections or investigations undertaken, and the reasons why the existing equipment cannot be repaired.
2. Original April 2026 repair date Please provide records relating to the previous expectation that the signals would be repaired by April 2026, including when this timescale was established, what works were originally intended, and any records showing why the April date was subsequently missed or abandoned.
3. Reasons for the delay Your recent response states that the upgrade has been delayed due to “several factors”. Please provide records identifying those factors, including relevant internal or external correspondence, contractor/supplier issues, approvals, design issues, funding issues or other matters that have contributed to the delay.
4. Decision to undertake a full upgrade Please provide the date on which it was determined that a complete upgrade, including new electrical cables and civil engineering works, was required, together with records explaining the basis for that decision.
5. Interim options considered Please provide records showing what interim measures have been considered while awaiting the permanent upgrade, including repair, deactivation, covering of the signals, alternative traffic management arrangements or other temporary solutions, and the reasons these options were accepted or rejected.
6. Why the signals cannot be switched off or covered I have specifically been advised that it is not possible to decommission the existing signals in the interim. Please provide the technical, operational or safety assessment supporting this position. There is a pedestrian crossing island at this location. Similar crossing islands on the A96 at Duncan Drive and Fraser Park in Nairn operate without traffic signals. Please therefore provide any recorded assessment explaining why the signals at the affected location cannot safely be switched off or covered until the permanent works take place.
7. Temporary traffic lights Temporary traffic lights were recently installed at the site but were removed after approximately one day. Please provide records explaining why they were installed, why they were subsequently removed, who made that decision, and what assessment was made of their effectiveness.
8. Works beginning 19 October 2026 Please provide the current programme for the proposed works beginning on 19 October 2026, including the anticipated completion date/duration, scope of works, planned working hours, anticipated road restrictions or closures, and any contingency for delays.
9. Traffic management Please provide the traffic management plan, or the most recent available equivalent, for the works. Please also provide any assessment of the likely impact on A96 traffic and congestion within Nairn during the works.
10. Interaction with Lochloy Junction works I understand that separate works at the Lochloy junction are expected to begin in November 2026 on behalf of Scottish Water. Please provide any correspondence, meeting notes, traffic assessments or other records concerning coordination between the traffic signal upgrade and the Lochloy works, including consideration of the possibility that the two projects may overlap and the effect this could have on traffic in Nairn.
11. Impact on Nairn Please provide any recorded assessments, correspondence, meeting notes or reports held by Amey concerning the effect the faulty signals have had on congestion, journey times, residents, businesses, public transport, emergency services or other road users in Nairn since the fault was first identified.
12. Communication with the public Please provide records showing what consideration has been given to keeping residents, businesses and road users informed about the continuing fault, delays to repairs and the planned upgrade, including any communications plan, public notices, website/social media updates or correspondence with Transport Scotland or Highland Council concerning public communications.
13. Complaints and reports Please provide the number of complaints, enquiries or fault reports received concerning these signals since the fault was first identified. I am not requesting any personal information relating to individual complainants.
14. Correspondence and responsibility Please provide relevant correspondence between Amey, Transport Scotland, Highland Council, contractors and other relevant organisations concerning the fault, proposed repairs, delays and planned upgrade, together with records identifying which organisation or party is responsible for authorising and delivering the permanent works.
Given that this problem has persisted for almost a year on the A96 through a town which already experiences significant congestion, I believe there is a strong public interest in understanding why the issue has remained unresolved for so long, what action has been taken, and how the impact on Nairn is being managed.
Where any requested information is not held by Amey but is held by Transport Scotland or another public authority, I would appreciate it if you could identify the appropriate body and, where possible, transfer or refer the relevant part of the request accordingly.
If any part of this request is considered too broad, I would appreciate advice and assistance on how it can be refined rather than the request simply being refused.
Please provide the information electronically.
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. History and cause of the fault - you requested records showing when Amey first became aware that these traffic signals were malfunctioning, the nature of the faults identified, inspections or investigations undertaken, and the reasons why the existing equipment cannot be repaired.
A1.Please see document named Q1 Annex A to this response for details of when the issue was identified and recorded. Following assessment, it was determined that the traffic signal equipment could not be repaired through routine maintenance, as the junction requires a full upgrade including new signal equipment, electrical cabling and associated civil engineering works. As these works fall outside the scope of a Category 1 repair, a dedicated scheme is required to undertake the necessary upgrades.
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. Original April 2026 repair date - you requested records relating to the previous expectation that the signals would be repaired by April 2026, including when this timescale was established, what works were originally intended, and any records showing why the April date was subsequently missed or abandoned.
A2. Please see Documents named Q2 Annex B - Q2 Annex E to this response for records relating to the previous expectation that the signals would be repaired by April 2026.
The planned works related to an upgrade of the traffic signal equipment. However, it was recognised that the busy summer period should be avoided when scheduling the works. In addition, several unplanned Statutory Undertaker works taking place on the network during April 2026 reduced the available road space window. Third-party developer works at A96 Delnies also restricted opportunities to undertake works on the wider A96 network. As a result of these factors, the April 2026 timescale was not achieved.
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.
Q3. Reasons for the delay - you requested records identifying those factors for delays, including relevant internal or external correspondence, contractor/supplier issues, approvals, design issues, funding issues or other matters that have contributed to the delay.
A3. As advised above, the delay arose because the planned works needed to avoid the busy summer period, several unplanned Statutory Undertaker works reduced the available road space window, and third-party developer works at A96 Delnies restricted opportunities to undertake works on the wider A96 network.
No supply chain, contractor, supplier, approval, design or funding issues impacted the delivery of the works programme.
Q4. Decision to undertake a full upgrade - you requested the date on which it was determined that a complete upgrade, including new electrical cables and civil engineering works, was required, together with records explaining the basis for that decision.
A4. Please see documents named Q4 Annex F and F (1) to this response for confirming the date of the decision as 11 November 2025.
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. Interim options considered - you requestedrecords showing what interim measures have been considered while awaiting the permanent upgrade, including repair, deactivation, covering of the signals, alternative traffic management arrangements or other temporary solutions, and the reasons these options were accepted or rejected.
A5. 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.
Transport Scotland does not have the information you have requested because no formal interim measures were considered.
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 consideration of interim measures, clearly we cannot provide information which we do not hold.
Q6. Why the signals cannot be switched off or covered - you requested the technical, operational or safety assessment supporting the position of why the signals cannot be switched off stating there is a pedestrian crossing island at this location. Similar crossing islands on the A96 at Duncan Drive and Fraser Park in Nairn operate without traffic signals. Please therefore provide any recorded assessment explaining why the signals at the affected location cannot safely be switched off or covered until the permanent works take place.
A6. 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.
Transport Scotland does not have the information you have requested because no recorded assessment is held which considers switching off or covering the traffic signals pending completion of the upgrade works.
The proposed upgrade has been postponed rather than cancelled and no formal assessment of signal decommissioning was undertaken. The existing signals continue to provide a pedestrian crossing facility and support the Scottish Government's commitment to promoting safe walking, wheeling and active travel. Accordingly, no recorded assessment is held comparing this location with other crossing facilities or considering the removal of the signal
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 why the signals cannot be switched off or covered, clearly we cannot provide information which we do not hold.
Q7. Temporary traffic lights - you stated temporary traffic lights were recently installed at the site but were removed after approximately one day and requested records explaining why they were installed, why they were subsequently removed, who made that decision, and what assessment was made of their effectiveness.
A7. 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.
Transport Scotland does not have the information you have requested because the temporary traffic lights were deployed by BT to undertake essential repairs to their apparatus and were not connected to the Traffic Signal Upgrade.
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 temporary traffic lights being installed and then removed, clearly we cannot provide information which we do not hold.
Q8. Works beginning 19 October 2026 - you requested the current programme for the proposed works beginning on 19 October 2026, including the anticipated completion date/duration, scope of works, planned working hours, anticipated road restrictions or closures, and any contingency for delays.
A8. The works are currently programmed to commence on 16 November 2026 and are expected to take approximately 3 to 4 weeks to complete. The scope of works comprises a full upgrade of the traffic signal installation, including cabling and associated civil engineering works. Current proposals are for four-way temporary traffic signals, manually controlled between 07:00 and 19:00 daily. Traffic management will be closely monitored and delays addressed where practicable.
While our aim is to provide information whenever possible, in this instance Transport Scotland does not have some of the information you have requested. Therefore we are refusing your request under the exception at regulation 10(4)(a) of the EIRs.
Transport Scotland does not have some of the information you have requested because the detailed programme has not yet been finalised and, therefore, no formal record is held setting out anticipated completion dates, contingencies for delays, or the full traffic management arrangements.
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 the programme details, clearly we cannot provide information which we do not hold.
Q9. Traffic management - you requested the traffic management plan, or the most recent available equivalent, for the works and any assessment of the likely impact on A96 traffic and congestion within Nairn during the works.
A9. While our aim is to provide information whenever possible, in this instance Transport Scotland does not have some of the information you have requested. Therefore we are refusing your request under the exception at regulation 10(4)(a) of the EIRs.
Transport Scotland does not have some of the information you have requested because Traffic Impact Assessments as these are the intellectual property of Scottish Water.
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 the programme details, clearly we cannot provide information which we do not hold, however, you may wish to contact Scottish Water who may be able to help you.
Q10. Interaction with Lochloy Junction works - you stated that separate works at the Lochloy junction are expected to begin in November 2026 on behalf of Scottish Water. Please provide any correspondence, meeting notes, traffic assessments or other records concerning coordination between the traffic signal upgrade and the Lochloy works, including consideration of the possibility that the two projects may overlap and the effect this could have on traffic in Nairn.
A10. Transport Scotland's Operating Company, Amey advise that discussions have taken place between Amey, Highland Council, Scottish Water and Scottish Water's contractor. To minimise the impact on road users and the local community, Amey intends to utilise Scottish Water's traffic management arrangements and road space for a period of approximately 3 to 4 weeks. Unfortunately Amey further advise that they do not have any record of the correspondence, meeting notes or traffic assessments concerning coordination between the traffic signal upgrade works and the Scottish Water works at the Lochloy junction. Therefore we are refusing your request under the exception at regulation 10(4)(a) of the EIRs.
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 interaction with Lochloy Junction works, clearly we cannot provide information which we do not hold.
Q11. Impact on Nairn - you requested any recorded assessments, correspondence, meeting notes or reports held by Amey concerning the effect the faulty signals have had on congestion, journey times, residents, businesses, public transport, emergency services or other road users in Nairn since the fault was first identified.
A11. Please see document named Q11 Annex G to this response for details of correspondence held by Amey regarding congestion as outlined above.
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.
Q12. Communication with the public - you requestedrecords showing what consideration has been given to keeping residents, businesses and road users informed about the continuing fault, delays to repairs and the planned upgrade, including any communications plan, public notices, website/social media updates or correspondence with Transport Scotland or Highland Council concerning public communications.
A12. Please see documents named Q12 Annex H and Q12 Annex I to this response for a copy of the stakeholder letter and intended distribution details. Please note that no media releases have been submitted to date.
Q13. Complaints and reports - you requested the number of complaints, enquiries or fault reports received concerning these signals since the fault was first identified stating you are not requesting any personal information relating to individual complainants.
A13. Amey advise they have received 40 complaints, enquiries or fault reports since the fault was first identified.
Q14. Correspondence and responsibility - you requested relevant correspondence between Amey, Transport Scotland, Highland Council, contractors and other relevant organisations concerning the fault, proposed repairs, delays and planned upgrade, together with records identifying which organisation or party is responsible for authorising and delivering the permanent works.
A14. Please refer to Q11 Annex G for correspondence held by Amey.
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. 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.