Curbing Pavement Parking in Scotland

Paving the way – Transport (Scotland) Act 2019

The Scottish Government has introduced legislation to tackle the impact of inconsiderate and obstructive parking. The legislation aims to ensure that roads and pavements are accessible for all.

In 2019, the Scottish Parliament passed the Transport (Scotland) Act 2019, which included the power to introduce three new parking prohibitions nationally. The Act bans pavement parking, double parking and parking at dropped kerbs, and gives local authorities the powers to enforce these new provisions.

The Act also gives local authorities the power to exempt certain designated footways from the pavement parking prohibition.

Putting the brakes on…

Navigating around vehicles parked on pavements can be a nuisance for everyone, but for older people, people with reduced mobility or in wheelchairs, and people with pushchairs, it can be a real danger. Where a car or van is parked on the pavement, leaving them unable to utilise the footpath, vulnerable road users often have to step into a busy roadway, or a built-up street where visibility can be obscured by other parked vehicles. Pavement parking puts people at greater risk of a collision or injury by forcing them on to the road. This new prohibition of pavement parking aims to promote, support and advance the rights of pedestrians and ensure roads and pavements remain accessible for all, because, ultimately, pavements should put people – and not vehicles -first.

The Pavement Parking Prohibition (Exemption Orders Procedure) (Scotland) Regulations 2022, which gave local authorities the powers they required to enforce these new parking offences, came into force on 11 December 2023. Edinburgh Council is the first city in Scotland to ban pavement parking – the ban came into force on 29 January 2024. Whilst each local authority in Scotland will begin to enforce the legislation on different timetables, Highland and Aberdeen Council both aim to implement the ban in early 2024.

Jewel Carriageway

The ban on pavement parking does, of course, have a jewel in the crown for councils. Drivers caught parking on pavements, double-parking and parking across dropped kerbs will face a £100 fine, reduced to £50 if they pay within 14 days, with the money going to the local councils, for them to use as they see fit. Whilst some councils may choose to reinvest the fines they receive into road repairs, they are not obligated to do so.

After assessing 5,000 roads in the city, Edinburgh council wrote to residents in a small number of streets last winter to help them prepare for the measures. It is anticipated that other councils looking to enforce the ban will also require to carry out surveys of their street to assess what more can be done to avoid the rule of unintended consequences – for example moving traffic back onto the roads, and then potentially blocking emergency vehicle access, or creating additional congestion around schools and other areas with high footfall. There are cost and resource implications around implementing a blanket ban, and such a ban will require every single road and street to be assessed. East Ayrshire Council have been awarded £54,000 by the Scottish Government to assist in the works but Kevin Braidwood, the outgoing head of Ayrshire Roads Alliance, said the money “won’t touch” the amount the council will have to spend on the comprehensive assessment, traffic orders, signage, and road markings. He pointed out that this wouldn’t be offset by income from fines until the enforcement comes into effect – which for Ayrshire isn’t set to be until October 2024.

Edinburgh Council have decided there will be no exemptions to the prohibition besides those written into the statute itself, such as to allow for the normal operation of emergency services and medical practitioners in emergency situations; to allow response vehicles to an emergency or accident; to allow for certain deliveries and collections; and to vehicles used for undertaking works on roads or removal of obstructions. It should be noted that these exemptions will only apply where specific criteria is met and there is no other reasonable parking available.

Middle of the road

Edinburgh council’s transport convener, Scott Arthur, said: “These new rules are about making our streets safer and more accessible for everyone, in particular those with visual impairments or mobility issues… I’ve heard from many people who say the change will make their day-to-day life much easier.  As a result of our publicity campaign, pavement parking is already reducing in some areas.” He added: “I am proud that Edinburgh is leading the way on enforcing the ban, and that all political parties here agree that no street should be exempt. I would expect everyone to adhere to the new prohibitions once in place, but we’ll continue to monitor streets across the city to make sure the impacts on the wider network are minimal.”

Minister for Transport Fiona Hyslop said: “The message here is clear: pavement parking is unsafe, unfair and illegal, and you could be fined up to £100 for it. We’re highlighting the danger that illegal pavement parking poses to pavement users, and in particular those with mobility issues or visual impairments, or parents pushing prams and buggies.