FOI reference: FOI/17/01137
Date received: 14 June 2017
Date responded: 21 July 2017
"I write to request information on the layout of the road works on the southbound carriageway of the M74 on the 4th February 2016. Please forward any maps, site plans or other information held.
I understand average speed cameras along the section of the M74 north of junction 7 on the southbound carriageway. I therefore also write to request any camera footage from the 4th February, showing either the accident, which occurred at around 10.30pm that night, or any footage showing the motorbike registered number CX 09 ZDH, is retained by you and therefore preserved pending any court proceedings."
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.
The Operating Company (Scotland Transerv) has confirmed that there were no roadworks on the M74 between Junction 6 and 8 on the 4 February 2016. As such we do not have any maps, site plans or other information held. 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.
In relation to the second part of your request and 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 Traffic Scotland, who operate our CCTV camera systems, do not routinely record any CCTV or video footage from any of our camera locations, unless specifically asked to by the Police or by Transport Scotland.
Each live traffic camera image that appears on the Traffic Scotland website is captured from the video stream coming from the camera, as a static image, and held for approximately 5 minutes before being overwritten by the next image captured.
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
Please quote the FOI reference
Central Enquiry Unit
Phone: 0300 244 4000
The Scottish Government
St Andrew's House