FOI reference: FOI/18/00032
Date received: 5 January 2018
Date responded: 30 January 2018
On 01.11.17 on the A77, 500yards inside Turnberry I hit a pothole that had previously been filled in. This resulted in a split wheel and bulge in a brand new tyre. Receipts etc have been submitted to transerve who state they inspect the roads every 7 days so we have no claim. After seeking legal advice we were told due to the freedom of information act we are entitled to see the road report, could you possibly supply this for the month leading up to this and the month after as the hole was repaired as soon as we reported this. Photos are available.
It wouldn't normally bother us but this is the 3rd time one of our cars has been down due to the state of the roads.
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.
In response to your request, please see attached Annex A which is the Inspection Defect Summary Report for the dates and location requested. Entry 11626/04 of Annex A shows the repair of the section of road that you describe in your request.
As you may be aware, our operating company, Scotland Transerv, maintain this part of the A77 and has populated the inspection report. For clarification, below is the definition of the types of defects which are shown in Annex A.
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 with the following web link:
"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 and details the timescales for repairing defects:
"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."
Other defects not necessitating immediate attention are categorised as Category 2 and monitored for failure deterioration during safety and detailed inspection.
These defects form the basis of future maintenance schemes.
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