Inspections, defects, and claims of carriageway A78: EIR release

I am now requesting the details of your appeal process as this was not conveyed in any the your response letters thus far.

I also seek the following information as way of understanding how this decision was reached and in order for me to have all the facts correct before planning my next stage.

I am thereby submitting a Freedom of Information (FOI) 2000 Act Request to see how and when the Scotland Transerve as the operating company of the A78 Wemyss Bay Road undertakes inspections of its carriageways, particularly the A78. You claim this was done on the 5/12/2018 and that you are required to undertake regular safety inspections.

I would like a copy of your full investigation and analysis report that lead to this decision being made that there is no evidence of negligence on the part of Scotland Transerv.

In the event that this does not include the following ; I would also request the following information.

1) I would like a copy of the formal inspection of this section of road A78 that was undertaken on the 5/12/2018 that shows no actionable defects being noted or identified.

2) I would like a copy of your criteria that would applied to indicate what is a actionable defect as referenced in my response letter and the process that is undertaken to determine this fact.

3) I would also like copy of the remedial permanent repair report and when the repair was carried out I am assuming this will be between 11/12/2018 and the 13/12/2018. I am specifically looking for information on the depth and width measurements and category logged for this defective road/pot hole. This will be linked to the defect that I logged with the control centre on the 11/12/2018.

4) I would also like all records for the past 12 months on the repairs to this particular 1 metre area in question of the A78 where this offending pot hole is located.

5) Whether any subsequent defect /repair has been noted since 11/12/2018 to the 31/1/2019 and how many safety inspections have taken place during this period.

6) The total number of weekly reports that have highlighted this area as a defect in need of repair and subsequent remedial procedures that then resulted and within what time scales for the past year.

7) How many claims in the last 12 months for pot hole damage to cars/vehicles have been submitted for the A78 and how many were successful.

As the contracted company on behalf of the Scottish Ministers I imagine you will acknowledge my request and then have 20 working days to supply the information. I then plan to review this data and corresponding letter and will take this complaint to the Information commissioner’s office and the Scottish Ombudsman depending on the outcome. I fully plan to seek full compensation for the damage costs as per my original claim.

I am keeping all correspondence and time lines in relation to this matter and thus far am far from impressed.’

Full response and associated documentation available at:

Published Date 10 Apr 2019 Subject Mode of transport