FOI/202600506011 · FOI/EIR · not held
M90 Perth to Edinburgh Road records of any works and accidents: EIR release
Information requested
"Records of accidents including the severity of any injuries sustained which have occurred within 1 kilometre of the M90 Perth to Edinburgh Road at Junction 10 Overpass, Craigend, leading to Junction 12, Broxden, Perth for the period November 2019 to date. Records of any works or changes to the road or road layout within 1 kilometre of the M90 Perth to Edinburgh Road at Junction 10 Overpass, Craigend, leading to Junction 12, Broxden, Perth for the period November 2019 to date. Records of any changes to the speed limit including on a temporary basis within 1 kilometre of the M90 Perth to Edinburgh Road at Junction 10 Overpass, Craigend, leading to Junction 12, Broxden, Perth for the period November 2019 to date. Records of the minutes of meetings between Transport Scotland, AMEY, Police Scotland and/or Scottish Ministers, where maintenance, repair policy, or defects have been discussed with regards to the within 1 kilometre of the M90 Perth to Edinburgh Road at Junction 10 Overpass, Craigend, leading to Junction 12, Broxden, Perth for the period November 2019 to date. Records of complaints about the state of the road or road layout within 1 kilometre of the M90 Perth to Edinburgh Road at Junction 10 Overpass, Craigend, leading to Junction 12, Broxden, Perth for the period November 2019 to date”
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
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 some of the information you have requested as your request spans a period during which Operating Company contracts changed hands. As a result of these transitions, not all of the information you have requested is available on record.
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 which relates changes to the speed limit, road works, layouts, including on a temporary basis within 1km of the M90 J10 overpass Craigend, which we do not hold.
To aid my response I have answered your questions in the order that they were received.
Q1. Records of accidents including the severity of any injuries sustained which have occurred within 1 kilometre of the M90 Perth to Edinburgh Road at Junction 10 Overpass, Craigend, leading to Junction 12, Broxden, Perth for the period November 2019 to date (11 February 2026).
A1. Please see Annex A for a copy of all personal injury accidents for the period 1 November 2019 to 8 January 2026, which is the latest data we hold.
Q2. Records of any works or changes to the road or road layout within 1 kilometre of the M90 Perth to Edinburgh Road at Junction 10 Overpass, Craigend, leading to Junction 12, Broxden, Perth for the period November 2019 to date (11 February 2026).
A2. 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 some of the information you have requested as your request spans a period during which Operating Company contracts changed hands. As a result of these transitions, not all of the information you have requested is available.
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 which relates records of any works or changes to the road or road layouts within 1km of the M90 J10 overpass Craigend, which we do not hold.
Please refer to Annex B for section coverage, and Annexes C-E for information relating to works that predate the current contract.
Please also see the table below outlining some of the works that have taken place during the current contract with Amey. No changes to road layouts have been made during the course of the period requested.
Year Location Nature of Scheme 2021 M90 Junction 10 -12 NB Vehicle Restraint System Upgrade (BEAR 4G) no files in handover. 2022 M90 Junction 10 Rhynd Woodland Management (BEAR) copy of plan is under Appendix 1. 2023 M90 Junction 10 Craigend Joint Replacement. 2024/2025 M90 / B9112 Necessity Brae Concrete repairs.
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. Records of any changes to the speed limit including on a temporary basis within 1 kilometre of the M90 Perth to Edinburgh Road at Junction 10 Overpass, Craigend, leading to Junction 12, Broxden, Perth for the period November 2019 to date (11 February 2026).
A3. 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 some of the information you have requested as your request spans a period during which Operating Company contracts changed hands. As a result of these transitions, not all of the information you have requested is available.
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 which relates changes to the speed limit including on a temporary basis within 1km of the M90 J10 overpass Craigend, which we do not hold.
Please see the table below, which outlines the only speed limit change recorded on this section of road during the current NMC contract period (16 August 2022 to present). There may have been additional temporary speed limit changes associated with works during both the current and previous contracts.
These may have been included within our omnibus orders, which can be accessed via the link - Legislation.gov.uk by searching under ‘The North East Scotland Trunk Roads (Temporary Prohibitions of Traffic and Overtaking and Temporary Speed Restrictions)’.
Location Direction Temporary/Permanent Speed Limit Time Period M90 Southbound approach to Craigend Junction Flyover Southbound Temporary 50 MPH May 2025 -present
Q4. Records of the minutes of meetings between Transport Scotland, AMEY, Police Scotland and/or Scottish Ministers, where maintenance, repair policy, or defects have been discussed with regards to the within 1 kilometre of the M90 Perth to Edinburgh Road at Junction 10
Overpass, Craigend, leading to Junction 12, Broxden, Perth for the period November 2019 to date (11 February 2026).
A4. 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 you have requested because we do not hold any records of minute of meetings between Transport Scotland, Amey, Police Scotland and/or Scottish Minsters where maintenance, repair policy, or defects have been discussed with regards to the within 1 kilometre of the M90 Perth to Edinburgh Road at Junction 10 Overpass, Craigend, leading to Junction 12, Broxden, Perth for the period November 2019 to date (11 February 2026).
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 which relates any records of minute of meetings between Transport Scotland, Amey, Police Scotland and/or Scottish Minsters where maintenance, repair policy, or defects have been discussed with regards to the within 1 kilometre of the M90 Perth to Edinburgh Road at Junction 10 Overpass, Craigend, leading to Junction 12, Broxden, Perth for the period November 2019 to date (11 February 2026), which we do not hold.
Q5. Records of complaints about the state of the road or road layout within 1 kilometre of the M90 Perth to Edinburgh Road at Junction 10 Overpass, Craigend, leading to Junction 12, Broxden, Perth for the period November 2019 to date (11 February 2026).
A5. 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 some of the information you have requested as your request spans a period during which Operating Company contracts changed hands. As a result of these transitions, not all of the information you have requested is available on record.
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 which relates to complaints about the state of the road or road works, layouts, within 1km of the M90 J10 overpass Craigend which we do not hold.
Please refer to Annex G for complaints and Annex H for of enquiries relating the M90 Trunk Road.
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
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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. Response to your request 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.