Introduction
327.This Part of the Act makes provision prohibiting parking on pavements (footways and footpaths), “double” parking (defined as parking more than 50 cm away from the edge of a carriageway), and parking at dropped kerbs.
328.The provisions take into account the concerns that had been identified by the Local Government and Regeneration Committee and stakeholders during Stage 1 of the Footway Parking and Double Parking (Scotland) Bill, which fell in March 2016 due to the Parliament being dissolved for the 2016 election. This Act was taken forward following devolution of legislative competence to the Scottish Parliament via the Scotland Act 2016. The 2016 Act devolves legislative competence for the parking of vehicles on roads to the Scottish Parliament. The Act will also enable local authorities, under order making powers, to exempt footways from the pavement parking prohibition where it is not appropriate given the different circumstances which may prevail across local authority areas, different regions and towns across Scotland.
329.Under the Road Traffic Regulation Act 1984, traffic authorities can use Traffic Regulation Orders (TROs) to apply local restrictions, which are enforceable when the appropriate road signs or markings are displayed. TROs are used by traffic authorities to give effect to traffic management measures on roads within their areas (e.g. single and double yellow lines). The restrictions can be applied for various reasons and could cover particular hotspots or larger areas. They can have the effect at all times or during specific periods, and apply to certain classes of vehicles. Local traffic authorities cite that the work and cost involved in producing TROs and the cost of the associated signage can be a disincentive to implementing pavement parking restrictions.
330.The provisions within the Act will introduce a ban on parking on pavements, double parking and parking at dropped kerbs in Scotland. This replaces the need for each local authority to introduce pavement parking restrictions via TROs.
331.The new duties will require local authorities to assess if necessary, what footways should be exempt from the national prohibition on pavement parking, in accordance with directions to be given by the Scottish Ministers to local authorities.
332.Since Police Scotland’s decision to remove its traffic warden service as a result of a review on resources in 2013, the number of local authorities who have decriminalised parking enforcement (“DPE”) powers has increased (from 14 to 21 as at the end of 2019). DPE is a regime which enables a local authority to enforce its own parking policies using parking attendants employed by the Council or outsourced to a third party on behalf of a Council. The powers enable parking attendants to issue Penalty Charge Notices (PCNs) to motorists breaching parking controls in specific areas. In areas of DPE, stationary traffic offences cease to be part of the criminal law enforced by the police and instead become civil matters enforced by local authorities.
333.The Act (and regulations to be made under it) provide for enforcement of the new restrictions to be undertaken by local authorities. The Act confers on local authorities the power to impose penalty charges. As not all local authorities have decriminalised parking enforcement powers and therefore the associated resources and infrastructure to undertake enforcement, the Act will also enable local authorities to engage third parties to enforce the prohibitions on their behalf if they so wish.
334.The Act’s provisions enable secondary legislation to be made placing a duty on all local authorities to keep accounts, as well as to prepare and publish statements relating to the income and expenditure local authorities have received in connection with the enforcement of the new restrictions.
335.Currently local authorities with DPE powers have a duty under section 55 of the Road Traffic Regulation Act 1984 to keep accounts of their income and expenditure in connection with decriminalised enforcement in their areas and to “ring-fence” the income. Any “surplus” may only be used to make good any amount charged to the general fund over the preceding 4 years or for certain transport-related purposes including:
the provision and maintenance of off-street parking;
where the local authority considers that further provision of off-street parking is not necessary or desirable, the provision or operation of (or facilities for) public passenger transport services; and
road improvement projects in the local authority area.
336.It is the Scottish Government’s intention that any “surplus” generated through the enforcement of the new prohibitions should remain within the local authority in whose area the penalty charges were levied and that it should be ring-fenced as is currently arranged for DPE.
337.As there will be considerable preparatory work needed in connection with the new prohibitions, the Act’s provisions allow the commencement of these prohibitions on a region by region basis across Scotland depending on the readiness of the local authority.
