FOI reference: FOI/17/01519
Date received: 30 June 2017
Date responded: 14 September 2017
We would be obliged if you would provide us with the following informationon in relation to the A737 Bypass Road, Beith, at a point just past the BP garage.
Has the roadway been adopted for maintenance by the Transport Scotland/Scotland Transerv and was it so adopted on 15th November 2015?
Have steps been taken to comply with the Code of Practice for Highway Maintenance Management "Delivering Best Value in Highway Maintenance 2001" and/or "Well Maintained Highways Code of Practice 2005"? In particular has Transport Scotland/Scotland Transerv formally adopted the recommendations of the Code? Please let us have all relevant documentation.
Please provide a copy of your Highway Management Plan.
In terms of your policy, what is the frequency of inspection for the accident locus, and how is the inspection to be carried out? eg. On foot or drive-by.
In terms of your policy, what kind of road/footway defects are considered to be hazardous?
Please let us have the inspection and maintenance records for the accident locus for the period 15th November 2015 to date. In addition may we have sight of the repairs and job records for the accident locus for the period 15th November 2015 to date.
Please let us have details of any road opening orders, work carried out and by which company on the footpaths/roadways by utilities/contractors for the period 15th November 2017 to date together with a copy of the contract in relation to the job/project, including dates as to when the work started and thereafter completed.
We issued a clarification on 4 July asking you to confirm the location and date range of your request. To which you clarified on 16 August; 'At present, the exact locus is described as on the A737 100ms south of B777. With regard to point 7, it should read from 15th November 2015 to date.'
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.
I have numbered your response for ease of reference.
1. Yes, this section of the A737 forms part of the trunk road network which is mainted by Scotland TranServ on behalf of Transport Scotland through our 4th Generation Term Contract.
2. The Scottish Ministers Requirements set out in the 4th Generation Term Contracts are a bespoke set of requirements specific to the management and maintenance of the Scottish Trunk Road Network. The requirements meet or exceed the standards set out in the national codes of practice. The 4th Generation Term Contract for management and maintenance of the Scottish Trunk Road Network can be viewed on the Transport Scotland website.
3. Transport Scotland does not have a document titled 'Highway Management Plan', however our 4G contract and Road Asset Management Plan sets out Transport Scotland's approach to the maintenance of the trunk road network. The Road Asset Management Plan is available online.
More specific details in relation to carriageway and footway inspection is included in the Trunk Road Inspection Manual, provided in Annex A.
4. Safety inspections will be carried out at frequencies not exceeding seven days. Slip roads and link roads at interchanges will be inspected at the same frequency as the associated main carriageway of the trunk road. The inspection vehicle will travel around 40 mph.
Where possible safety inspections will be carried out during off-peak traffic periods to minimise traffic disruption.
Safety inspections will be carried out by a team of two. All inspection and safety patrol personnel will be sufficiently responsible and competent for the task, will have received suitable training and be fully conversant with inspection procedures and health and safety requirements prior to undertaking any such inspections
Detailed inspections are also undertaken on each element of the trunk road asset. These are walked inspections and are typically undertaken on an annual basis (although this can change depending on the particular asset being inspected). Further information is provided in Annex A of this request.
5. The following is the definition of a Category 1 & Category 2 defect from Schedule 1, Part 1 of the 4th Generation Term Contract for management and maintenance of the Scottish Trunk Road Network and can also be viewed on the Transport Scotland website.
"Category 1 Defect" means a Defect that necessitates prompt attention because it presents:
(i) an immediate or imminent hazard, or (ii) a risk of rapid structural deterioration to the affected element. "Category 2 Defect" means any Defect which is not a Category 1 Defect."
In addition, the following extract is taken from Schedule 7 Part 1 of the 4th Generation Term Contract for Management and Maintenance of the Scottish Trunk Road Network:
2. DEFECT CATEGORIES AND RESPONSE TIMES
2.1 Classification of Category 1 and Category 2 Defects
2.1.1 When classifying Category 1 and Category 2 Defects, the Operating Company shall give consideration to the potential impact on all road users including motorists, pedestrians, cyclists, motorcyclists, equestrians and disabled users.
2.1.2 The Operating Company shall comply with the provisions of the Transport Scotland Trunk Road Inspection Manual regarding classification of Defects.
2.1.3 The Transport Scotland Trunk Road Inspection Manual is deemed not to contain an exhaustive compendium of Defects. In the absence of a description of a Defect in the Transport Scotland Trunk Road Inspection Manual, the Operating Company shall make the classification from first principles."
The following extract is taken from Schedule 7 Part 1 of the 4th Generation Term Contract for management and maintenance of the Scottish Trunk Road Network:
2.2 Category 1 Defects Response Times
2.2.1 Unless stated otherwise in this Part, Category 1 Defects shall be dealt with by the Operating Company in priority order as stated in paragraph 2.2 of this Part.
2.2.2 The Operating Company's inspection team or initial Incident Response Resources shall make the Category 1 Defect safe when identified. This shall be through executing immediate
repairs, removing the hazard or by taking any other measures necessary to protect the public and other users of the Unit.
2.2.3 Where a Category 1 Defect renders a Trunk Road unsafe for road users, the Operating Company shall, under Police instruction or on receipt of an appropriate Order, close the relevant part of the Trunk Road for as short a period as possible while remedial action is undertaken.
2.2.4 Where a Category 1 Defect cannot be repaired immediately or the hazard cannot be removed, the Operating Company shall take action to make the area safe until the required temporary or permanent repairs have been completed.
2.2.5 The temporary or permanent repairs shall be undertaken as soon as possible and no later than: (i) 06:00 on the day following identification for Category 1 Defects on carriageways, and (ii) within 24 hours of identification for all other Category 1 Defects.
2.2.6 Where a temporary repair has been carried out, the deferred permanent repair period for the following Defect types shall be: (i) 28 days for carriageway surface, and (ii) 56 days for Bridge parapets.
2.2.7 All other Category 1 Defects shall be repaired permanently within the specific period referred to in this Part, or no later than 28 days after identification where no specific period is stated.
6. Please refer to Annex B.
7. From 15 November 2015 to date, there has been one Network Access (Road Opening) request which is detailed in Annex C.
- 20 - 23 February 2017 – Virgin Media access for cable works.
As a utility company, Virgin Media have a right of access to all roads and do not require a contract to undertake work on the Trunk Road.
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