202300345408 · FOI/EIR · partially withheld
Inspection of the A84 in Callander: EIR release
Information requested
The inspection reports from BEAR for the A84 in Callander between Keltie Bridge and the traffic light junction with the A81 for November and December 2022 and January 2023, together with the necessary information to enable the lay reader to understand what is being said. Details of when this section of road was last maintained and what was done and when it was last resurfaced. Reports of any defects along this section of road, from whatever sources, the action taken and when that action was taken. The detailed elements of the contract between BEAR and Transport Scotland for inspection periodicity, response times to deal with defects, who carries the third party risks arising from defects. Also please confirm whether these terms are standard Transport Scotland terms which apply to all road management contracts or whether these terms were proposed by the successful contractor – in this case BEAR and accepted by Transport Scotland.
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
Please see Annex A to this response for a copy of the inspection and defect records for the location and date range requested above.
Annex B to this response provides descriptions for the information contained in the records.
Annex C to this response contains the maintenance history and dates of surfacing for the location requested. For your information this includes:
Kelty Bridge to Geisher Road: Surface Replacement in March 2011/ June 2018. Geisher Road to Aros Lane: Structural Inlay in March 2021. Aros Lane to Bridge Street (A81): Surface Replacement in January 2013.
The current North West Network Maintenance Contract is available at Transport Scotland's website at North west trunk roads operating company contract | Transport Scotland. The relevant sections that deal with inspections and defects are Schedule 1 (Conditions of Contract) and Schedule 2 (Scope). These standards apply to all four of the Network Maintenance Contracts.
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.
Please also see Annex D to this response for a copy of the current Trunk Roads Information Manual which contains further information on inspection regimes and defects.
About FOI
The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at http://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.