Search Legislation

Transport (Scotland) Act 2019

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: Section 55

 Help about opening options

Alternative versions:

Changes to legislation:

There are currently no known outstanding effects for the Transport (Scotland) Act 2019, Section 55. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

55Exceptions to pavement parking prohibition and double parking prohibitionS

This section has no associated Explanatory Notes

(1)This section sets out exceptions to the pavement parking prohibition and the double parking prohibition.

(2)The pavement parking prohibition and the double parking prohibition do not apply where F1...—

(a)[F2the motor vehicle] is being used—

(i)for police purposes, including for the purposes of the National Crime Agency,

(ii)for ambulance purposes or for the purpose of providing a response to an emergency at the request of the Scottish Ambulance Service Board,

(iii)for or in connection with the exercise of any function of the Scottish Fire and Rescue Service or Her Majesty's Coastguard, or

(iv)for naval, military or air force purposes,

(b)the achievement of the purposes, or the exercise of the function, would be likely to be hindered if the vehicle were not parked on a pavement or, as the case may be, as mentioned in section 54(1), and

(c)no part of the vehicle is within 1.5 metres of the pavement edge which is furthest away from the centre of the carriageway (however that edge is bounded).

(3)The pavement parking prohibition and the double parking prohibition do not apply where the motor vehicle—

(a)is being used for or in connection with—

(i)the undertaking of works in roads,

(ii)the removal of an obstruction to traffic,

(iii)the collection of waste by or on behalf of a local authority,

(iv)postal services (within the meaning of section 125(1) of the Postal Services Act 2000),

(b)cannot reasonably be so used without being parked on a pavement or, as the case may be, as mentioned in section 54(1),

(c)is so parked for no longer than is necessary for that use, and

(d)no part of the vehicle is within 1.5 metres of the pavement edge which is furthest away from the centre of the carriageway (however that edge is bounded).

(4)In subsection (3)(a)(i), “works in roads” includes—

(a)road works within the meaning given by section 107(3) of the New Roads and Street Works Act 1991,

(b)works for roads purposes within the meaning given by section 145(2) of that Act,

(c)major works for roads purposes with the meaning given by section 145(3) of that Act,

(d)cleaning, placing, removing or adjusting by or on behalf of a roads authority (within the meaning given by section 151(1) of the Roads (Scotland) Act 1984) of any equipment or structure which is placed on or over a road.

(5)The pavement parking prohibition and the double parking prohibition do not apply where—

(a)the motor vehicle is being used by a registered medical practitioner, registered nurse or registered midwife for or in connection with the provision of urgent or emergency health care,

(b)the provision of the care would be likely to be hindered if the vehicle were not parked on a pavement or, as the case may be, as mentioned in section 54(1),

(c)the vehicle is so parked for no longer than is reasonable in connection with the provision of the care, and

(d)no part of the vehicle is within 1.5 metres of the pavement edge which is furthest away from the centre of the carriageway (however that edge is bounded).

(6)The pavement parking prohibition and the double parking prohibition do not apply where—

(a)the motor vehicle is, in the course of business—

(i)being used for the purpose of delivering goods to, or collecting goods from, any premises, or

(ii)being loaded from or unloaded to any premises,

(b)the delivery, collection, loading or unloading cannot reasonably be carried out without the vehicle being parked on a pavement or, as the case may be, as mentioned in section 54(1),

(c)no part of the vehicle is within 1.5 metres of the pavement edge which is furthest away from the centre of the carriageway (however that edge is bounded),

(d)the vehicle is so parked for no longer than is necessary for the delivery, collection, loading or unloading and in any event for no more than a continuous period of 20 minutes.

(7)The pavement parking prohibition and the double parking prohibition do not apply where the motor vehicle is parked wholly within a parking place that is—

(a)authorised by order under section 32(1)(b) of the Road Traffic Regulation Act 1984, or

(b)designated by order under section 45 of that Act.

(8)The pavement parking prohibition and the double parking prohibition do not apply where the motor vehicle is parked in accordance with permission given by a constable (within the meaning given by section 99(1) of the Police and Fire Reform (Scotland) Act 2012) in uniform.

(9)The pavement parking prohibition and the double parking prohibition do not apply where—

(a)the person has parked the motor vehicle for the purpose of saving life or responding to another similar emergency,

(b)the achievement of that purpose would be likely to be hindered if the vehicle were not parked on a pavement or, as the case may be, as mentioned in section 54(1), and

(c)the vehicle is so parked for no longer than is necessary for that purpose.

(10)The pavement parking prohibition and the double parking prohibition do not apply where—

(a)the person has parked the motor vehicle for the purpose of providing assistance at an accident or breakdown,

(b)the assistance could not be safely or reasonably provided if the vehicle were not parked on a pavement or, as the case may be, as mentioned in section 54(1),

(c)the vehicle is so parked for no longer than is necessary for that purpose, and

(d)no part of the vehicle is within 1.5 metres of the pavement edge which is furthest away from the centre of the carriageway (however that edge is bounded).

(11)In this section, “carriageway” has the meaning given by section 51(6).

(12)The Scottish Ministers may by regulations modify this section.

Textual Amendments

Commencement Information

I1S. 55 in force at 11.12.2023 by S.S.I. 2023/250, sch.

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open The Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act without Schedules as a PDF

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources