The Transport (Scotland) Act 2019 makes it an offence to:
- park on pavements
- double park (a car is double parked if it is parked more than 50cm from the roadside or kerb)
- park over dropped kerb crossing points that are in place for cycle or pedestrian use
- park on grass verges, either between a pavement and the road, or to the rear of the pavement
These regulations are in place now and should be adopted into your everyday driving habits and behaviour.
The rules apply to public and private roads.
The aim of these rules is to improve footway accessibility for all road users and pedestrians and to make our streets safer.
They intend to remove obstructions of pavements for pedestrians, particularly people who are more vulnerable, such as those with mobility issues or visual impairments, or parents with prams, buggies and who have care of young children.
Blue badge holders and taxis
The rules also apply to Blue Badge holders and taxis.
Charges
Offences will be dealt with by way of a Penalty Charge Notice of £100, reduced to £50 if paid within 14 days. The penalty charge rises to £150 if it is not paid within 28 days.
Exceptions
Exceptions include:
- emergency service and medical practitioners’ vehicles in an emergency
- vehicles being used to do works on roads or removals of obstructions
These exceptions apply to all the new parking offences.
Full details for exceptions can be found in the Transport (Scotland) Act 2019.
Loading, unloading, picking up and dropping off
The new rules with regards to pavement parking and double parking do allow some traders to continue making deliveries. This is in the course of business and doesn’t apply to people’s personal activities such as unloading shopping or helping children from a car.
Delivery drivers can only park on the pavement if:
- there is no reasonable place to park fully on the road and,
- there is still 1.5m of pavement width between their vehicle and any wall, fence or bush
If these conditions apply, then the delivery driver can park on the pavement for 20 minutes.
You cannot drive on to the pavement to pick-up or drop-off passengers. If you are seen by a parking attendant behind a wheel of a vehicle while parked on the pavement, you will be liable for a Penalty Charge Notice.
Street exemptions
The following streets have been identified as being suitable for an exemption:
Carnoustie
- Balfour Place, parts of east and south sides
- Collier Street, parts of south side
- Maule Street, parts of south side
- Millar Street, parts of south side
- Terrace Road, parts of north and south side
Arbroath
- A92 Marywell, part of east side
Kirriemuir
- Henry Street, parts of southeast side, where it will be necessary to reverse the one-way traffic arrangements to ensure free traffic flow and maintain traffic safety
- Kirk Wynd, parts of southeast side
- South Street, parts of southeast side
Monifieth
- Milton Park, Part of southwest side
Barring this small number of exemptions, the new rules apply in all streets, irrespective of their design, length and purpose – both public and private roads.
Any signage relating to the new rules will only be in place where there are formal exemptions. The default position is pavement parking is banned.
Pavement parking, or parking on a verge
Remember, by law you are pavement parking if your vehicle is stationary and one or more of its wheels (or any part of them) is on any part of the pavement.
The law states that a vehicle is parked on a pavement if it is stationary and one or more of its wheels (or any part of them) is on any part of the pavement. A stationary vehicle is parked whether or not the driver is in it and whether or not the engine is running.
Up until now, some residents have chosen to park on the pavement thinking they would block the road if they didn’t. It is no longer legal to do this. You will need to find somewhere else to park.
It should be possible to park your vehicle with all four wheels on the road on most of our carriageways and not block traffic. But if that isn’t possible, you will need to find somewhere else to park.
It is an offence to block traffic and Police Scotland could take action where drivers have not parked responsibly, considerately and/or have caused an obstruction.
It is recognised that as more vehicles parked on the carriageway, in line with the new rules, this may also help to reduce overall traffic speed in some streets.
Remember, the aim of this new legislation is to improve accessibility for all road users, especially pedestrians and to remove obstructions from pavements.
Further, pavements have not been designed to be parked on and, in many instances, cannot support a vehicle’s weight, which means persistent use can lead to damage.
Parking over dropped kerb crossing points
Pedestrian crossing points are designed to help people cross the road. Examples of dropped crossing points where the new rules could be enforced would be -
- A designated crossing point such as a Pelican crossing
- Where a pedestrian island is situated
- Where tactile paving is located
- At the end of a street, or where a dropped kerb faces directly opposite a dropped kerb on the other side of the street
The new rules do not apply to parking in front of driveways, garages or property entrances, although you should consider whether it also serves as a pedestrian crossing point. Existing restrictions, such as a single yellow line, will still apply.
Generally, a pedestrian crossing point will not service a driveway, garage or property entrance but drivers should always consider how a wheelchair user or a parent with a pram might want to cross from one pavement to another. If you are in doubt, then please avoid the dropped kerb and park elsewhere.
Reporting pavement parking problems
If you know a place where pavement parking is a persistent problem, you can contact us at pavementparking@angus.gov.uk.
Tell us where it is and when the pavement parking problems happen. Where resources allow, we can then send out parking attendants to that area.
More information
Road Safety Scotland Pavement Parking Campaign
The Parking Prohibitions (Enforcement and Accounts) (Scotland) Regulations 2023
The Pavement Parking Prohibition (Exemption Orders Procedure) (Scotland) Regulations 2022