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Request for Information Under the Freedom of Information (Scotland) Act 2002 (FOISA) F/8780 20 Mph Speed Limits Without Traffic Calming

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Request for Information Under the Freedom of Information (Scotland) Act 2002 (FOISA) F/8780 20 Mph Speed Limits Without Traffic Calming Commercial Resources Operations Midlothian Council Dundas Buildings 62a Polton Street Bonnyrigg Director EH19 3YD John Blair 12 January 2017 [email protected] Dear Sir Request for Information under the Freedom of Information (Scotland) Act 2002 (FOISA) F/8780 20 mph Speed Limits without Traffic Calming I refer to your enquiry regarding the above matter and have the following response the questions regarding compulsory 20 mph speed limits without traffic calming in Midlothian. 1. There are thirteen 20 mph speed limits without traffic calming within Midlothian. Of that number seven are part time 20 mph speed limits. 2. Of the thirteen 20 mph speed limits five are in residential areas. 3. Police Scotland or previously Lothian and Borders Police were notified during the statutory consultation period. However the police have stated that they would not prioritise enforcement within these speed limits as there was no traffic calming to self- enforce vehicular speeds. 4. The Council has no current plans to introduce any 20 mph speed limits without traffic calming. 5. There are no criteria for introducing 20 mph speed limits without traffic calming but each case is assessed in terms of the site infrastructure and amenities and potential road safety benefits. 6. In most cases residents are informed of the speed limit proposals during the normal 28 day advertising period of the statutory legislative process. During that period they have the opportunity to object to the proposed speed limit. However the residents of one village submitted a petition to the Council’s petitions committee for a 20 mph speed limit without any traffic calming. A trial period for the proposed speed limit was agreed and the speed limit is now in the process of being made permanent. 7. No views were taken from motorists driving through any of the proposed 20 mph sites without traffic calming. There was no reason for not carrying out this type of survey work, as the Council has not undertaken this type of survey on any of the speed limits it has introduced. 8. Police Scotland is responsible for enforcing speed limits but they make the decisions on how their resources are allocated in terms of speed enforcement. An applicant who is dissatisfied with the way in which Midlothian Council has dealt with his/her request for information under section 1(1) of the FOISA, may, by virtue of Section 20 of the FOISA, require Midlothian Council to review its actions and/or decisions in relation to that request. Yours faithfully Dave Kenny Senior Consultant [email protected] Tel 0131 561 5306 Fax 0131 654 2797 Your Ref: Minicom 0131 271 3291 Our Ref: IT/LM/T/NW/FOI/GEN/8780 www.midlothian.gov.uk F:\Commercial Operations\Roads Services\Roads Safety and Policy\DAVE_K\FOI\F8780 20 mph speed limits without traffic calming.doc 2 Midlothian Council’s Complaints Procedure under the FOISA: An applicant who is dissatisfied with the way in which Midlothian Council has dealt with his/her request for information under section 1(1) of the FOISA, may, by virtue of Section 20 of the FOISA, require Midlothian Council to review its actions and/or decisions in relation to that request. If you wish Midlothian Council to review its actions and/or decisions with respect to your request for information, you should write to the Director, Corporate Resources or other official whose name is printed at the top of this letter. That official will arrange for your application for review to be considered. Thereafter he will write to you informing you of the decision by not later than twenty working days after receipt of your request requiring that a review be made. By virtue of Section 21 of the FOISA, you will be provided with a statement of reasons for arriving at the decision made. Your request for review should reach Midlothian Council by no later than 9 March 2017. Requests for review must be in writing (or in another form which has some permanency and is capable of being used for subsequent reference eg audio/video tape recording). You must:- state your name and address for correspondence; give details of the information which you originally requested from Midlothian Council; and state the reasons why you are dissatisfied with the way in which your application for information has been dealt with. Your Right to Complain to the Scottish Information Commissioner: Under Section 47 of the FOISA, a person who is dissatisfied with the outcome of their request for review by the Council may apply to the Scottish Information Commissioner to determine whether their request (or any part of it) has been properly dealt with. An application to the Scottish Information Commissioner must be made in writing (or in another form having some permanency eg an audio/video tape recording) within six months of receipt of a Section 21 Notice by the applicant. The applicant must specify:- a) his/her name and address for correspondence; b) the request for information to which the requirement for review by Midlothian Council related; c) the matter which gave rise to the applicant’s dissatisfaction with the way in which Midlothian Council dealt with their original request; and d) the matter which gives rise to the applicant’s dissatisfaction relating to the review by Midlothian Council. The Scottish Information Commissioner can be contacted at:- Scottish Information Commissioner, Kinburn Castle, Doubledykes Road, St Andrews, Fife, KY16 9DS (Telephone – 01334 464610; Fax - 01334 464611; Email – [email protected]) F:\Commercial Operations\Roads Services\Roads Safety and Policy\DAVE_K\FOI\F8780 20 mph speed limits without traffic calming.doc .
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