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The National (Scotland)
The National (Scotland)
National
Judith Duffy

How will £100 fines for pavement parking be enforced in your area?

SCOTLAND councils will be able to fine drivers for parking on pavements from tomorrow – but enforcement across the country will vary widely.

Here’s the full list of what’s happening in each area:

Aberdeen

Enforcement will start “early in 2024”.

Aberdeenshire

In the process of making a “small number” of exemption orders which will be in place by December 11.

The council will be enforcing the prohibition with a fine of £100, but says that “initially our focus will be around the education of motorists”.

Angus

The council says it has not yet confirmed an implementation date, but it is hoped it will begin near the start of 2024 and be in place by April – and will communicate when it is known it will begin.

Argyll and Bute

The local authority says it is awaiting further details on the new regulations from December 11.

Clackmannanshire

It says the powers coming to local authorities are being reviewed and it will consider its next steps in the New Year.

Comhairle nan Eilean Siar

The Western Isles council says it has no enforcement infrastructure or resource in place to implement this legislation, adding “assessments are ongoing and there is currently no anticipated date for implementation”.

Dumfries & Galloway

Dumfries and Galloway Council, which does not have Decriminalised Parking Enforcement (DPE), says it will initially not be issuing penalty charge notices, “preferring an initial approach of education before enforcement”. It says a new regional parking strategy is considering DPE and a decision is expected in early 2024.

Dundee City

A Dundee City Council spokesperson said: "The council will begin enforcing the national legislation on a phased introduction approach when these powers come into force in December."

East Ayrshire

Kevin Braidwood, head of Ayrshire Roads Alliance, said: “We are aware of the enactment of the legislation and are currently putting plans in place for the extensive work that needs to be carried out in relation to street surveys, orders and signage. A paper will be taken to Cabinet for approval in the New Year.”

East Dunbartonshire

The council says it intends to adopt a “low-key, soft” approach to ensure that any enforcement action taken is “commensurate with the resources available and fully considers the impacts and/or displacement that would be experienced across towns, villages or within residential areas”. It says there is no definitive date but it is anticipated to begin midway through 2024.

East Lothian

East Lothian Council says it supports the ban and is currently assessing streets which may be exempt from this new legislation, adding: “We hope to have concluded this assessment and commence enforcement of the regulations during 2024.”

East Renfrewshire

An East Renfrewshire Council spokesperson said: "The regulations that support the enforcement and appeals processes for parking prohibitions have only just been finalised by Transport Scotland. We are considering the implications of these which will inform our approach to enforcement."

Edinburgh City

The council has said it does plan to implement the ban, and preparations are under way to begin enforcement in January 2024.

Falkirk

The local authority says it is considering the pavement parking ban but will initially look at “ways to promote and raise awareness of the new legislation”.

Fife

It has been reported the council is still working on a list of areas of exemptions and the ban is expected to be enforced from early 2024.  

Glasgow City

A spokesperson for the council said: “In line with Transport Scotland guidance, we are about to undertake a full assessment of footway parking throughout the city to help us establish if it would be appropriate to exempt any streets from the pavement parking ban.

“Further regulation and guidance are due to be published by Transport Scotland, which will help ensure we have a robust system of enforcement on pavement parking.

“Once our footway assessment is complete, a report on how the enforcement scheme could be implemented will be put before committee in due course.”

Highland

A Highland Council spokesperson said: “In preparation for delivery of the new prohibitions, officers have reviewed every Highland Council Street to identify any locations where we may implement an Exemption Order within the guidance that will allow pavement parking to take place safely.

“Any exemptions will require an Exemption Order to be published and relevant signage installed to advise drivers of the start and end of permitted pavement parking.

“We will be taking time to educate drivers before implementing full enforcement in early 2024.”

Inverclyde

A report to the 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”.

Midlothian

The council says the ban will not be introduced before the 2024/25 financial year as a report needs to be considered by the full council, but roads are currently being assessed for possible exemptions.

Moray

A Moray Council spokesperson said: “The enactment of the legislation grants discretionary powers which the council may choose to use. This will be subject to future discussion about the costs and benefits of any enforcement action.”

North Ayrshire

A spokesperson for North Ayrshire Council said: “We are in the process of assuming responsibilities for parking enforcement across North Ayrshire from Police Scotland, which will include enforcing the new pavement parking legislation.

“We will be making further announcements in the near future on our plans for the roll-out of parking enforcement to ensure all road users are aware ahead of its official implementation.”

North Lanarkshire

The council said it is waiting on publication of guidance from Transport Scotland before finalising its approach to enforcement and assuming guidance is available, the earliest that enforcement could begin would be Spring 2024.

Orkney

Orkney Council said it supports the legislation but cannot enforce it as it does not have decriminalised parking enforcement powers in Orkney.

Perth & Kinross

A council spokesperson said: “It is proposed to enforce the pavement parking ban within the Perth and Kinross area. We are working with consultants to assess all the relevant streets throughout the area.

“We are currently considering which streets should be considered exempt from the ban; these streets are being assessed and in some cases, a site visit will be required. Given the size of our network and the number of residential streets within Perth and Kinross, this will take some time to complete.

“We will not be taking enforcement action in relation to the pavement parking ban until well into 2024.”

Renfrewshire

The local authority said it is currently assessing the road network to consider where potential exemption locations may be required and will then carry out the formal traffic order process so that pavement parking legislation can be enforced in Renfrewshire from November 2024.

Scottish Borders

The council said it has recently conducted an online survey to get views from the public of where pavement parking is an issue. Officers will be reviewing the responses and determining which locations, if any, will be exempt from the pavement parking ban.

It 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 enforcement of the new Transport Bill for the time being.”

Shetland Islands

The council said it will serve “informal” notices to drivers when a complaint is received from a member of the public and a vehicle is parked so as to obstruct a footway, which would inform the driver that they were committing an offence.

It says decriminalised parking is not operated in Shetland, and the council currently has “no system or resources in place for formal enforcement including fines”.

South Ayrshire

A spokesperson from the Ayrshire Roads Alliance said: “This is something we will be looking to enforce in South Ayrshire. A decision will be taken by councillors in the New Year so that street surveys can be undertaken and orders and signage put in place.”

South Lanarkshire

Colin Park, head of roads, transportation and fleet services at South Lanarkshire Council, welcomed the new powers but said enforcement should be done in a “balanced, proportionate, and pragmatic way”.

He said: “Initially, therefore, we will ensure that any enforcement action fully considers the characteristics of an area and the impacts of any displacement experienced.

“Enforcement will also include the option of using advisory warning notices in the first instance and will depend on the resources available to monitor the position across what is a very big geographical area with a large number of urban areas.”

Stirling

A Stirling Council spokesperson said: “Stirling Council is preparing for the implementation of the legislation in the early months of 2024 with road exemption assessments in their final stages. Although this is a statutory duty, the council has discretion over how this is exercised.

“We are committed to ensuring pavements and roads are safer and more accessible to all.”

West Dunbartonshire

The council said enforcement powers are currently the responsibility of Police Scotland in West Dunbartonshire so no implementation date has been set.

It added: “Once the transfer of enforcement powers has taken place, and final guidance has been received, a report will be taken to committee for consideration.”

West Lothian

A council spokesperson said as parking is not decriminalised in West Lothian Council, it cannot undertake any parking enforcement “at this time”.

“We are currently taking forward a Parking Strategy for West Lothian, which includes pavement parking enforcement,” they added.

“We anticipate that an application will be made to Scottish ministers to allow decriminalised parking when the strategy gets to the implementation phase, but there is no agreed date for this as yet.”

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