EIR/202600524047 · FOI/EIR · unclear
Transport Scotland - Information regarding the speed restriction currently in force on the A78: EIR release
Information requested
Information from Transport Scotland concerning the speed restriction currently in force on the A78 Trunk Road (Inverkip Road), Greenock, between its junction with Neil Street and a point just before the Auto Hand Car Wash premises further west along that road.
This stretch of road is, on my understanding, part of the trunk road network and therefore the responsibility of Transport Scotland and Scottish Ministers, rather than Inverclyde Council. I have observed that a 20mph speed limit is now in force, on what appears to be a permanent rather than part-time basis, on this stretch. I understand the relevant signage was erected at or around the same time as Inverclyde Council's own Temporary Traffic Regulation Orders ("TTROs") came into force on 27 April 2026, reducing the speed limit on over 1,000 local roads across Inverclyde from 30mph to 20mph.
This request is also informed by a published EIR review response (reference EIR/202600503485, relating to original request 202600502923) concerning The A78 Trunk Road (Skelmorlie and Wemyss Bay) Temporary 20mph Speed Restriction Order 2026, in which another requester sought the evidence base relied upon by Ministers in approving that order, noting that no such evidence appeared to have been proactively published. I make a similar request below in relation to the Greenock stretch identified above.
Q1. please identify the specific order, instrument, or other legal mechanism currently in force which sets a 20mph speed limit on the A78 Inverkip Road, Greenock, between its junction with Neil Street and the point described above, including its full title, the date it was made, and the date it came into force. Context: I cannot identify this order from Transport Scotland's published road order register or from Inverclyde Council's published TTRO schedules and maps, none of which appear to include this stretch of road.
Q2. If the order was made under section 14(1)(b), please provide all information held relating to the specific danger to the public, or serious damage to the road, identified as justifying the order on this particular stretch of road, including any speed data, collision data, or road-specific risk assessment relied upon.
Q3. If the order was made under section 14(1)(b), please provide all information held relating to the specific danger to the public, or serious damage to the road, identified as justifying the order on this particular stretch of road, including any speed data, collision data, or road-specific risk assessment relied upon.
Q4. please confirm whether any consultation was undertaken with Inverclyde Council, Police Scotland, emergency services, or the public before this order was made, and if so, provide any related correspondence, reports, or records.
Q5. "please confirm whether this order was timed to coincide with, or made in connection with, Inverclyde Council's own TTROs which came into force on 27 April 2026, and provide any correspondence between Transport Scotland and Inverclyde Council relating to the timing or coordination of speed limit changes on this stretch of the A78 and on the adjoining local roads network.
Q6. Please confirm whether Transport Scotland considers that compliance with its own published guidance, including the Implementation Guide for 20mph Speed Limits in Scotland, is sufficient on its own to satisfy the statutory test under section 14(1)(b), or whether Transport Scotland accepts that the relevant decision-making authority — whether Scottish Ministers for a trunk road, or a local roads authority for a local road — must independently form its own view that the statutory test is met on each specific length of road, regardless of what national guidance recommends
Response
Q1. You stated "please identify the specific order, instrument, or other legal mechanism currently in force which sets a 20mph speed limit on the A78 Inverkip Road, Greenock, between its junction with Neil Street and the point described above, including its full title, the date it was made, and the date it came into force. Context: I cannot identify this order from Transport Scotland's published road order register or from Inverclyde Council's published TTRO schedules and maps, none of which appear to include this stretch of road".
A1. All Scottish Statutory Instruments, road orders are published online here legislation.gov.uk. The A78 Trunk Road (Greenock) (Temporary 20mph Speed Restriction) Order 2026 is available at the following link: The A78 Trunk Road (Greenock) (Temporary 20mph Speed Restriction) Order 2026 . 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.
Q2. You stated "please confirm the statutory provision under which that order was made — for example, section 14(1)(b) of the Road Traffic Regulation Act 1984 (a temporary order) or section 84 (a permanent order) — and provide a copy of the order itself".
A2. The A78 Trunk Road (Greenock) (Temporary 20mph Speed Restriction) Order 2026 is available at the following link: The A78 Trunk Road (Greenock) (Temporary 20mph Speed Restriction) Order 2026. 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.
The A78 Trunk Road (Greenock) (Temporary 20mph Speed Restriction) Order 2026 states: “The Scottish Ministers make the following Order in exercise of the powers conferred by sections 2(1), 4(1) and 14(1)(b) and (4) of the Road Traffic Regulation Act 1984(a) and all other powers enabling them to do so.”
Q3. You stated "If the order was made under section 14(1)(b), please provide all information held relating to the specific danger to the public, or serious damage to the road, identified as justifying the order on this particular stretch of road, including any speed data, collision data, or road-specific risk assessment relied upon".
A3. Transport Scotland's approach to 20 mph implementation is incremental, evidence based and site specific. Road authorities are required to carry out an assessment of their 30 mph road network with a view to identifying roads that should be subject to a 20 mph limit. Road authorities are required to assess existing roads with a 30 mph limit against criteria set out in The Implementation Guide for 20 mph Speed Limits in Scotland and consider progressing 20 mph limits where appropriate. The criteria were prepared in conjunction with a range of partners, including the Scottish Collaboration of Transportation Specialists (SCOTS), Police Scotland and Transport Scotland. Justification for the 20mph speed limit in Greenock has been made against the criteria set out in The Implementation Guide for 20mph Speed Limits in Scotland. The guidance is based on Safe System principles, including the Safe Speed principle, which aims to ensure appropriate speed limits according to the features of the road, the function it serves and the physical tolerance of those who use it. Scotland's approach to 20 mph implementation is evidence based and site specific and ensures decisions on where 20 mph speed limits should be implemented are based on relevant knowledge and evidence. Transport Scotland assessed the A78 through Greenock against the criteria contained within the guidance. The assessment identified two sections with greater than 20 residential or retail premises per 400–600 metres which also include educational premises and local amenities. Following the assessment process described above and through discussion with Police Scotland and Inverclyde Council, the section of the A78 described in the Order was identified as appropriate for the implementation of a temporary 20 mph speed limit. A copy of the assessment information for this location is attached to this response as Annexes A and B.
The monitoring and evaluation of any speed limit or speed management intervention is vital to determine whether it works, to adapt it if necessary, and to provide evidence for continuing support at the level of decision makers, key stakeholders and the public.
Monitoring and evaluation will not only provide feedback on the effectiveness but will also help determine whether a speed limit or speed management intervention is appropriate, whether there are any problems with its implementation and support, and whether there are any ongoing issues that need to be resolved before any intervention is implemented.
Q4. You stated "please confirm whether any consultation was undertaken with Inverclyde Council, Police Scotland, emergency services, or the public before this order was made, and if so, provide any related correspondence, reports, or records".
A4. Please see Annexes C, D, E and F to this response for copies of correspondence and discussions with Police Scotland, Inverclyde Council and relevant stakeholders regarding the implementation of the temporary 20 mph speed limit on the A78 through Greenock.
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.
Annexes C, D and E are minutes of meetings showing ongoing discussions between Transport Scotland, Police Scotland, Amey (as operating company of the trunk road in this area) and Inverclyde Council relating to the implementation of the 20mph speed limit in Greenock.
These discussions included consideration of the extent of the 20 mph sections, implementation arrangements and coordination with Inverclyde Council's wider 20 mph programme. Transport Scotland also issued prior notification of the proposed Order in accordance with the Road Traffic (Temporary Restrictions) Procedure Regulations 1992, as amended. This notification is included as Annex F. This notification was issued to Police Scotland Scottish Fire and Rescue Service, Road Haulage Association, A-Z Maps (Harper Collins) and Amey as Operating Company of the trunk road network in this area.
There is no requirement to undertake public consultation prior to making a Temporary Traffic Regulation Order under section 14 of the Road Traffic Regulation Act 1984 and no public consultation was undertaken in relation to this Order.
The procedure for making a permanent speed limit Order involves the publication of a notice setting out the proposal to make the Order, where the draft Order and plan can be viewed and confirming the address to which any representations may be sent. The roads authority is obliged to have regard to any representations made before making the Order. Members of the public will therefore have the opportunity to comment on the proposals to make the permanent speed limit Order as part of that process.
Q5. You stated "please confirm whether this order was timed to coincide with, or made in connection with, Inverclyde Council's own TTROs which came into force on 27 April 2026, and provide any correspondence between Transport Scotland and Inverclyde Council relating to the timing or coordination of speed limit changes on this stretch of the A78 and on the adjoining local roads network".
A5. Please see Annexes C, D and E to this response for a copy of correspondence indicating that implementation of the temporary 20 mph speed limit on the A78 through Greenock was coordinated with Inverclyde Council's wider 20 mph programme.
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.
The records show discussions between Transport Scotland and Inverclyde Council regarding the extent of the proposed 20 mph sections, implementation arrangements and programme delivery. Inverclyde Council advised that implementation in Greenock would be complete by March 2026 and Transport Scotland agreed to programme delivery accordingly.
Further discussions took place regarding implementation arrangements. In March 2026, Inverclyde Council confirmed it remained on track for implementation and it was agreed that signage would be installed at the same time as Inverclyde Council's 20 mph programme.
Q6. You stated "Please confirm whether Transport Scotland considers that compliance with its own published guidance, including the Implementation Guide for 20mph Speed Limits in Scotland, is sufficient on its own to satisfy the statutory test under section 14(1)(b), or whether Transport Scotland accepts that the relevant decision-making authority — whether Scottish Ministers for a trunk road, or a local roads authority for a local road — must independently form its own view that the statutory test is met on each specific length of road, regardless of what national guidance recommends".
A6. Transport Scotland is satisfied that the implementation of the 20mph speed limits on the trunk road network has been carried out appropriately. It is for the Local Authority to determine applicability on the local road network.
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Detected exemption language
If the order was made under section 14(1)(b), please provide all information held relating to the specific danger to the public, or serious damage to the road, identified as justifying the order on this particular stretch of road, including any speed data, collision data, or road-specific risk assessment relied upon. If the order was made under section 14(1)(b), please provide all information held relating to the specific danger to the public, or serious damage to the road, identified as justifying the order on this particular stretch of road, including any speed data, collision data, or road-specific risk assessment relied upon. Please confirm whether Transport Scotland considers that compliance with its own published guidance, including the Implementation Guide for 20mph Speed Limits in Scotland, is sufficient on its own to satisfy the statutory test under section 14(1)(b), or whether Transport Scotland accepts that the relevant decision-making authority — whether Scottish Ministers for a trunk road, or a local roads authority for a local road — must independently form its own view that the statutory test is met on each specific length of road, regardless of what national guidance recommends Response Q1. You stated "please confirm the statutory provision under which that order was made — for example, section 14(1)(b) of the Road Traffic Regulation Act 1984 (a temporary order) or section 84 (a permanent order) — and provide a copy of the order itself". You stated "If the order was made under section 14(1)(b), please provide all information held relating to the specific danger to the public, or serious damage to the road, identified as justifying the order on this particular stretch of road, including any speed data, collision data, or road-specific risk assessment relied upon".