Scotland’s pavement parking prohibitions – Consultation on enforcement regulations for local authorities (July 2023)
Transport Scotland has undertaken an analysis of the responses to the public consultation on the proposed content of the Enforcement Regulations which was published on 2 June 2023. It sought views from stakeholders and interested parties on our proposals for the procedure for local authorities to follow when enforcing the new parking prohibitions.
The consultation was designed to gather the views of stakeholders and individuals to help inform the Scottish Government’s policy in relation to the Enforcement Regulations.
Thirteen questions were posed in total. The questions focused on the process of issuing and paying a Penalty Charge Notice (PCN), reviews and appeals, the manner in which a PCN may be enforced and the steps that may be taken following cancellation of a PCN.
The questions also sought views on the amount that may be imposed as a penalty charge, and provision for discounts and charge certificates as well as the keeping and publication of accounts by local authorities.
As part of this work, the Transport (Scotland) Act 2019 bans pavement parking, double parking and parking at dropped kerbs, and gives local authorities the relevant powers to enforce these new provisions. The Act also gives local authorities the power to exempt footways from the pavement parking prohibition in certain circumstances and in accordance with Ministerial directions. To support these provisions, a suite of secondary legislation is required to bring the new legislation into force. These give local authorities the tools they need to be able to tackle the issues of inconsiderate and obstructive parking.
SGF responded to the consultation and noted that it is critical that changes to traffic, parking and public walkway regulations & enforcement take these matters into account and continue to allow for universal ease of customer access. SGF welcomed the objective of preventing obstructive and irresponsible parking, which can impact on access to public walkways access for prams, wheelchairs users and vulnerable groups, emergency vehicles and other road users in general.
However, as noted above, it is of upmost importance that the proposed measures do not hinder communities from accessing their local convenience store and the services provided. Potentially encouraging customers to use alternative ‘out of town’ facilities which would be contrary to other community objectives, such as the Scottish Government’s ‘Local living and 20-minute neighbourhoods - planning guidance’.