Pavement Parking Prohibitions

The Transport (Scotland) Act 2019 prohibits pavement parking, double parking, and parking on the carriageway adjacent to a footway where the footway has been lowered or the carriageway raised to assist crossing by pedestrians or cyclists.

The law aims to improve the safety of pedestrians, particularly those with mobility issues or visual impairments, and parents or carers with pushchairs. Footways are not designed to bear the weight of a vehicle and persistent parking is likely to cause damage.

Local authorities now have the power to enforce this law and issues fines by way of a Penalty Charge Notice (PCN) of £100, which is reduced to £50 if paid within 14 days.

Enforcement officers will begin issuing PCNs (Penalty Charge Notice) from 15 July. The Council’s enforcement officers will be issuing advisory notices from 1 to 14 July where vehicles are parked in contravention of the new legislation.

Pavements

The ban applies to parked and stationary/idling vehicles on private and public roads, where one or more wheels are on the footway.

Double Parking

You cannot park in front of, or alongside another vehicle or, more than 50cm away from the edge of the carriageway (this can be the kerb, painted white line or adjoining the verge)

Dropped Kerbs

You cannot park adjacent to a footway where the footway has been lowered or the carriageway raised to assist crossing by people walking or cycling.

However, this rule does not apply to lowered kerbs serving as driveway or garage entrances, whether on residential or commercial properties.

There are certain exceptions permitted under the Act, the full terms of which can be found in Section 55 of the Act and include if the vehicle is:

• Being used for police, ambulance, Scottish Fire and Rescue Service, HM Coastguard, or naval, military or air force purposes*
• Being used for, or in connection with, the undertaking of roadworks, the removal of an obstruction to traffic, the collection of waste by or on behalf of a local authority or postal services*
• The motor vehicle is being used by a registered medical practitioner, nurse or midwife for urgent or emergency health care*
• To provide assistance at an accident or breakdown*
• The motor vehicle is, in the course of business, being used for the purpose of delivering, collecting goods, or unloading, provided it is parked for no longer than is necessary for that use, and in any event, no more than a continuous period of 20 minutes*

*These exceptions are conditional upon

1. The purpose or function would be hindered if the vehicle were not parked on the pavement.
2. No part of the vehicle should be within 1.5 metres of the edge of the pavement furthest from the centre of the carriageway.
3. The vehicle is parked for no longer than is necessary (up to 20 minutes in the case of vehicles making a delivery).

In each case drivers may only park on the pavement if there is no alternative and they must leave a 1.5m gap between their vehicle and the edge of the footway furthest from the carriageway.

• Saving life or similar emergency, but the vehicle should only be parked for as long as is necessary.
• Where permitted by a police or fire constable in uniform.

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 authorised and designated under the Road Traffic Regulation Act 1984

Local authorities may make an order so that the ban does not apply to a footway within the local authority’s area (an Exemption Order).

There are no Exemption Orders in the Stirling area at this time. Exemption Orders may be made for streets or sections of streets but they can't be made to grant an exemption to specific people, organisations or vehicles.

A street cannot be specified in an Exemption Order unless:

• Its layout or character would allow for a width of 1.5 metres of the footway to remain unobstructed when any part of a vehicle is parked on it, or
• There is not enough width on the carriageway for an emergency vehicle to pass when vehicles are parked on the carriageway.

You may ask the Council to consider making an Exemption Order for a street if you believe the street or a section of the street meets the above criteria.

Further information on exemptions can be found in the Transport (Scotland) Act 2019

For requests relating to a street exemption, complete the online form which will then be logged and reviewed.

Does it apply to Disabled badge holders?

Disabled badge holders are not exempt from the ban.

Does it apply to Taxis?

Taxis are not exempt from the ban.

Does the ban include verges?

The ban extends to all verges including grassed verges and grass strips.

Does it apply to cul-de-sacs?

The ban applies to all cul-de-sacs.

Does it apply if I am just dropping off a passenger?

Yes it does apply.

Does it apply to private roads?

Yes, the new law applies to private and public roads.

Does it apply to delivery drivers?

Yes, however there is an exception under certain circumstances where the following three conditions must apply:

• If, the delivery, collection, loading, or unloading is for business purposes and cannot reasonably be carried out without the vehicle being parked on a pavement, and
• No part of the vehicle is within 1.5 metres of the pavement edge which is furthest away from the centre of the carriageway, and
• The vehicle is 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.

If a vehicle is blocking access for emergency, refuse or public transport vehicles Police Scotland should be contacted on 101.  Drivers must park responsibly on all occasions and if parking on the carriageway causes obstruction, drivers must park elsewhere.

Enforcement officers will begin issuing PCNs (Penalty Charge Notice) from 15 July. The Council’s enforcement officers will be issuing advisory notices from 1 to 14 July where vehicles are parked in contravention of the new legislation.

Where an exemption does not apply fixed penalty notices will be issued for offences.

To report incorrectly parked vehicles you can use the contact form.