SCOTLAND will be “leading the way” by becoming the first part of the UK to introduce a ban on pavement parking tomorrow – but enforcement by local authorities across the country will vary widely.
An investigation by the Sunday National has found while some councils will begin clamping down on the practice in the coming weeks, others are still carrying out assessments of the legislation.
In some areas of the country where parking is not decriminalised – which allows local authorities to issue their own penalties – it will not be implemented at all.
Other local authorities say a lack of resources and funding means they have no plans for implementation.
The Transport (Scotland) Act 2019 bans pavement parking, double parking and parking at dropped kerbs, with certain exemptions designated by local authorities – for example, to ensure safe access for emergency vehicles.
Local authorities can begin enforcing the law from December 11, meaning drivers could be fined £100 for parking on a pavement, which is reduced to £50 if paid within 14 days.
Dundee City Council has said it will begin enforcing the national legislation on a “phased introduction approach” when the powers come into force, while Edinburgh City Council has said it also plans to implement the ban with preparations under way to begin enforcement in January 2024.
Other councils have indicated they will be focusing on trying to educate drivers initially, including in Aberdeenshire and Falkirk. East Dunbartonshire Council says it intends to adopt a “low-key, soft” approach which will begin midway through next year.
However, a report to Inverclyde Council has noted enforcement will “not be possible in Inverclyde without the necessary funding and resources for implementation and management including the promotion of exemption orders”.
Meanwhile, Scottish Borders Council said: “Although the new legislation will be enacted in December, Scottish Borders Council, like most other Scottish local authorities, are awaiting word from Transport Scotland on further funding opportunities to be made available to fund the enforcement of the new bill.
“The council will not be in a position to carry out the enforcement of the new Transport Bill for the time being.”
Areas where parking has not been decriminalised include Dumfries and Galloway, Orkney, Shetland, West Dunbartonshire and West Lothian.
Charity Living Streets, which promotes everyday walking, has called on local authorities in Scotland to implement the ban properly and urged them not to introduce mass exemptions.
It says the Scottish National Walking Survey 2023 highlighted the extent of the problem, with nearly half – 46% – of people listing pavement parking as being a problem they encounter.
Stuart Hay, director of Living Streets Scotland said: “Parking on the footway is inconvenient for us all and incredibly dangerous for older and disabled people, who are forced into the road and oncoming traffic.
“Scotland is leading the way by becoming the first UK nation to say enough is enough and introduce an explicit ban – now we need to make sure we get it right.”
Meanwhile, Transport Scotland launched a campaign in November to highlight the dangers pavement parking poses to pavement users, such as forcing them to take unnecessary risks by moving around the car and onto the road.
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.
“Local authorities can begin to issue fines from 11 December, so this campaign is really important to make sure everyone in Scotland is aware that enforcement is coming.
“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.
“Scotland is the first of the four nations to make pavement parking illegal nationwide. This change in legislation is a step towards developing communities that are better able to support active travel, building on the work that is already underway to reduce emissions and helping us meet our world-leading climate change targets.”
