Transport (Scotland) Act 2019

Transport (Scotland) Act 2019

2019 asp 17

The Act

Part 6 – Pavement Parking, Double Parking and Parking at Dropped Kerbs

Double parking prohibition

Double parking prohibition – section 54

355. Subsection (1) of this section provides that a person must not park a motor vehicle in such a way that no part of the motor vehicle is within 50 cm of the edge of the carriageway. This prohibition is referred to as the “double parking prohibition”. “Edge of the carriageway” is defined for the purposes of the double parking prohibition in subsection (5), taking account of the different ways in which the edge of a carriageway is signified, whether it is marked by a painted solid white line or by a kerb, or it is without a painted solid white line or a kerb but falls where the surface of the carriageway meets the verge of the road.

356. A motor vehicle is “parked” for the purposes of the double parking prohibition if it is stationary, whether or not the driver of the vehicle is present or the engine of the vehicle is running (see subsection (2)). However, a motor vehicle is not parked for the purposes of the double parking prohibition if it is stationary due to the necessities of traffic or as a result of other circumstances beyond the control of the driver of the vehicle (see subsection (3)).

357. “Motor vehicle” has the same meaning for the purpose of the double parking prohibition as it has for the purpose of the pavement parking prohibition except that in the case of the double parking prohibition it also includes a heavy commercial vehicle.

358. The double parking prohibition is subject to the exceptions (which also apply to the pavement parking prohibition) set out in section 55.