'I am writing to request information under the Freedom of Information Act relating to a road whose records your authority is responsible for keeping. Amey Highways Limited are responsible for maintaining the road in question and they have referred me to Transport Scotland to present this request.
Specifically, my query relates to the A702, North/East of West Linton i.e. the area between West Linton and Edinburgh rather than West Linton and the M74. I have enclosed a map annotated to show this area. This request relates to the first mile of road out of West Linton towards Edinburgh.
Please can you send me:
1. A copy of your current road maintenance policy relating to that road. Please send me the full policy, but this should include details of the intended frequency of road safety inspections, how these inspections should be conducted and the maximum time between identification of a defect and repairs being carried out.
2. A copy of the road repair history for that road over the past year. Again, please send me the full road repair history, but this should include:
- dates of all safety inspections between January 1st 2017 and April 30th 2018
- details of how safety inspections were undertaken (walked or driven, speed of inspection vehicle etc)
- details of all carriageway defects identified, with description, date and time
- details of how the authority handled these defects, what repairs were undertaken and the time between the identification of each defect and a repair being carried out. Please include if available an indication of the size of repair or the amount of material used to complete the repair.
3. For inspections carried out in the month of March 2018, please supply details of the prior training received by the observer carrying out the inspection and any relevant qualifications held by that person." 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.'