Time exemption for pavement parking ‘flawed’

PARKING

The Scottish Government’s plan to give a range of vehicles time-based exemptions from the proposed pavement parking ban could make the powers unworkable, stakeholders are warning. 

The Transport (Scotland) Bill 2018 exempts certain types of vehicles from the ban if they are parked for no longer than 20 minutes. This includes “vehicles being used for deliveries”.

East Dunbartonshire Council  says: “This adds an element of dubiety into the legislation, which can have implications for enforcement. Unless the [enforcement] officer remains at a parked vehicle for longer than 20 minutes ... the driver will be able to argue their case and say that they have not remained stationary for a period of time longer than 20 minutes.

“This isn’t a reasonable expectation for an enforcement officer and indeed represents a serious misallocation of council resources.” 

The Mobility and Access Committee for Scotland says the exemption “seriously undermines the policy intent and would effectively legalise much short-term pavement parking”. “We can foresee legal challenges under the 2010 Equality Act if disabled people’s mobility is hindered by inappropriate local exemptions.” 

North Ayrshire Council says Police Scotland should be responsible for enforcing the ban in areas without decrimininalised parking enforcement powers. 

Councils will be able to exempt streets from the ban. Strathclyde Partnership for Transport says councils should consider the needs of buses. “It is often the case that local bus services can only gain access round a housing estate due to road space created by cars being parked on pavements,” it says.