Resolving problems
Where an OC does not meet its contractual requirements, it is important that action is taken to improve performance.
When a problem is found, the OCs must use their management systems to correct it and stop it happening again. If the OCs fail to do this, or the action taken does not work, a written notification may be given to the OC by PAG.
If the problem continues, or if it is considered significant, Transport Scotland can issue a further notice. This requires the OC to resolve the problem within a set time and can result in withholding payment.
5.7 Resolving problems and improving performance
PAG continuously monitors the OCs’ activities, predominantly using a structured approach, but also adopting a more flexible, reactive style when appropriate.
The structured monitoring is developed from an annual appraisal of the risks associated with failures by the OCs to deliver the contract requirements. This is used to establish the monitoring and auditing strategy.
The strategy directs a programme of activities such as auditing, statement reviews, site measurement reviews, tender document reviews and field engineers’ route patrols.
PAG’s flexible monitoring uses a variety of methods, including investigations of the OCs’ responses to events on the network, investigations of reported areas of poor performance and proactive investigations preceding significant contract deliverables.
All issues arising from PAG monitoring or other sources are managed to conclusion using a formalised escalation process,
see figure 57.

PAG and Transport Scotland maintain a regular dialogue with the OCs regarding problems which have been identified. PAG also routinely monitors progress in the OCs’ non-conformance registers. Progress of problems, which have been escalated to NNC or Remedial Notice, are reported at two weekly intervals and discussed at monthly progress meetings with Transport Scotland and each OC.
OC Performance
NE – BEAR
In NE, BEAR responded promptly when NNCs were issued and has, generally, resolved these without further escalation.
A total of 13 NNCs were issued during 2007/08. These included problems with cyclic maintenance of structures, EMS, QMS and RMMS (see figure 58).
A Remedial Notice was issued in mid July 2007 for:
• inaccurate financial statements.
This was resolved in mid October 2007.

SE - BEAR
BEAR’s response to NNCs has been poor with only six out of 13 NNCs issued being closed out at the end of the year. PAG closely monitored and liaised with BEAR throughout 2007/08, but action is still required by the OC to close out these outstanding problems (see figure 59).