Pavement parking prohibition
Pavement parking prohibition – section 50
338.Subsection (1) of this section provides that a person must not park a motor vehicle on a “pavement”, which is defined as meaning a footpath or footway to be construed in accordance with section 151(2) of the Roads (Scotland) Act 1984. A footway is a road (within the meaning of section 151(1) of that Act) which is associated with a carriageway and over which there is a public right of passage by foot only. A footpath is a road (within the same meaning) which is not associated with a carriageway and over which there is a public right of passage by foot only. This prohibition is referred to in this Part of the Act as the “pavement parking prohibition”.
339.For the purposes of the pavement parking prohibition, subsection (4) provides that “motor vehicle” has the meaning given by section 185(1) of the Road Traffic Act 1988, meaning a mechanically propelled vehicle intended or adapted for use on roads. But it does not include:
a mechanically propelled vehicle which is an implement for cutting grass, is controlled by a pedestrian and is not capable of being used or adapted for any other purpose;
any other mechanically propelled vehicle controlled by a pedestrian, or an electrically assisted pedal cycle of a class, as may be specified by regulations made by the Secretary of State for the purposes of section 136 of the RTRA (and section 189 of the Road Traffic Act 1988) (see, for example, the Electrically Assisted Pedal Cycle (Amendment) Regulations 2015 (S.I. 2015/24) amending the Electrically Assisted Pedal Cycles Regulations 1983 (S.I. 1983/1168)).
340.Furthermore, the definition of “motor vehicle” for the purposes of the pavement parking prohibition also excludes a “heavy commercial vehicle” within the meaning of section 20(1) of the Road Traffic Act 1988, meaning any goods vehicle which has an operating weight exceeding 7.5 tonnes. The pavement parking prohibition does apply to heavy commercial vehicles as section 19 of the Road Traffic Act 1988 provides that it is an offence for those vehicles to park wholly or partly on a footway (with “footway” having the same meaning as in the Roads (Scotland) Act 1984 – see section 192(2) of the Road Traffic Act 1988).
341.In addition, section 185(1) of the Road Traffic Act 1988 is subject to section 20 of the Chronically Sick and Disabled Persons Act 1970 (the “1970 Act”). This means that the definition of “motor vehicle” for the purposes of the pavement parking prohibition does not include an “invalid carriage” (within the meaning of section 20 of the 1970 Act) which complies with requirements set out in regulations made by the Secretary of State and which is being used in accordance with conditions set out in regulations. This is because section 20(1)(a) of the 1970 Act provides that where an “invalid carriage” is mechanically propelled, it is to be treated as not being a motor vehicle for the purposes of the Road Traffic Act 1988. (“Invalid carriage” is defined by section 20(2) of the 1970 Act as meaning “a vehicle, whether mechanically propelled or not, constructed or adapted for use for the carriage of one person, being a person suffering from some physical defect or disability”.)
342.Subsection (2)(a) provides that a motor vehicle is parked on a pavement for the purposes of subsection (1) if it is stationary and one or more of its wheels (or any part of them) is on any part of the pavement.
343.Subsection (2)(b) provides that a motor vehicle is stationary (in order to be considered to be “parked” on a pavement) whether or not the driver of the vehicle is in attendance or the vehicle’s engine is running.
344.The pavement parking prohibition is subject to the exceptions (which also apply to the double parking prohibition) set out in section 55.
Exemption orders – section 51
345.Subsection (1) provides that a local authority may make an order (“an exemption order”) providing that the pavement parking prohibition does not apply to a footway within its area that is specified in the exemption order.
346.Subsection (2) provides that a local authority may not specify a footway in an exemption order unless the footway, or the carriageway with which the footway is associated, has the characteristics that are specified in a direction given by the Scottish Ministers under section 56(1).
347.While an exemption order may apply to all or part of a footway, it may not apply only at certain times or to certain classes of vehicle or be subject to any conditions (see subsection (3)).
348.Where the local authority that is proposing to make an exemption order is not the traffic authority for the footway concerned, the local authority may not make the order without the traffic authority’s consent (see subsection (4)).
349.An exemption order is not a Scottish statutory instrument within the meaning of section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010 (the “2010 Act”), so no parliamentary procedure applies to the making (or amendment or revocation) of such an order. But an exemption order is a “Scottish instrument” for the purposes of Part 1 of the 2010 Act, meaning that the power conferred by subsection (1) to make an order includes a power to revoke, amend or re-enact an exemption order made by virtue of the power conferred by subsection (1) (see section 6 of the 2010 Act). Furthermore, the power may be exercised from time to time (see section 7(1) of the 2010 Act).
Exemption orders: form and procedure – section 52
350.Subsection (1) confers power on the Scottish Ministers, by regulations subject to the affirmative procedure (see section 128(2)), to make provision in connection with the making, amendment or revocation of an exemption order. Examples of the kind of provision that may be made in these regulations are set out in subsection (2) including the form of an order and the procedure to be followed including publication, consultation and the process for making objections and considering objections to the proposal.
Exemption orders: traffic signs – section 53
351.Where an exemption order is made under section 51(1), the traffic authority for the footway to which the order relates must place (or secure the placement of) traffic signs in connection with the exemption order and it must maintain (or secure the maintenance of) those signs (see subsections (1) and (2)).
352.Under subsection (3), if the traffic authority is not the local authority that made the exemption order (which would be the case in relation to a trunk road or a special road mentioned in paragraph (b) of the definition of “roads authority” in section 151(1) of the Roads (Scotland) Act 1984), the traffic authority may enter into arrangements with the local authority under which the local authority places (or secures the placement of) traffic signs in connection with the exemption order and maintains (or secures the maintenance of) those signs. Alternatively, the traffic authority could retain the duty to place and maintain the traffic signs but enter into an arrangement with the local authority that made the exemption order for that local authority to assist the traffic authority in relation to the placing and maintenance of traffic signs in connection with the exemption order. This assistance could include the local authority making a financial contribution to the cost of placing (and maintaining) the traffic signs.
353.If the traffic authority enters into an arrangement mentioned in subsection (3)(a) with a local authority, the local authority is obliged to comply with any directions given in connection with the placing of traffic signs under section 65(1) of the Road Traffic Regulation Act 1984 (the “RTRA”).
354.“Traffic signs” is defined in this section as having the meaning given by section 64(1) of the RTRA, meaning that the Scottish Ministers have the power by regulations made under section 64(1)(a) of that Act to specify, or to otherwise authorise, the type of traffic signs that must be placed and maintained under that section in connection with exemption orders.
