Date lodged: 8 April 2019
To ask the Scottish Government how many fatalities there have been on each trunk road in each of the last five years because of the road being poorly maintained, also broken down by (a) which body or organisation was deemed responsible for maintenance and (b) whether there were any subsequent (i) prosecutions and (ii) convictions under (A) the Corporate Manslaughter and Corporate Homicide Act 2007 and (B) other legislation.
Answered by: Michael Matheson 24 April 2019
As part of the statistical information routinely collected for injury road collisions, Police Scotland can record a number of pre-defined factors which may have contributed to how and why the collision occurred. One of these contributory factors is “poor or defective road surface”.
In the last five calendar years there has been one fatality which occurred on the A9 in 2018 for which Police Scotland recorded “poor or defective road surface” as one of the contributory factors to the collision.
(a) The management and maintenance of the Scottish trunk road network is the responsibility of Scottish Ministers, delivered via Transport Scotland through the Operating Company contracts.
(b)There were no prosecutions under section 1 of the Corporate Manslaughter and Corporate Homicide Act 2007 between 2013 and 2018 which related to a fatality on a trunk road as a result of poor maintenance of that road.
Using the Crown Office and Procurator Fiscal Database it is not possible to identify whether cases have been prosecuted using other legislation in the last five years in the context of fatalities on trunk roads due to poor maintenance. In order to carry out that assessment it would be necessary to manually check each case reported to COPFS.