Transport (Scotland) Act 2019

50 Pavement parking prohibition

(1) A person must not park a motor vehicle on a pavement (in this Part, this prohibition is referred to as the “pavement parking prohibition”).

(2) For the purposes of the pavement parking prohibition—

(a) a motor vehicle is parked on a pavement if—

(i) it is stationary, and

(ii) one or more of its wheels (or any part of them) is on any part of the pavement,

(b) a stationary motor vehicle is parked whether or not—

(i) the driver of the vehicle is in attendance at the vehicle,

(ii) the engine of the vehicle is running.

(3) The pavement parking prohibition is subject to the exceptions set out in section 55.

(4) In this section—

• “footpath” is to be construed in accordance with section 151(2) of the Roads (Scotland) Act 1984 (and does not include a footpath mentioned in subsection (3)(a) or (b) of that section),

• “footway” is to be construed in accordance with section 151(2) of that Act,

• “motor vehicle” has the meaning given by section 185(1) of the Road Traffic Act 1988, except that—

  (a)

  section 189 of that Act (exception for certain pedestrian controlled vehicles and electrically assisted pedal cycles) applies as it applies for the purposes of that Act, and

  (b)

  it does not include a heavy commercial vehicle (within the meaning given by section 20(1) of that Act) (but see section 19(1) of that Act),

• “pavement” means a footpath or footway.