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

Exceptions to the pavement parking prohibition and double parking prohibition - section 55

359. This section sets out the exceptions to the pavement parking prohibition and the double parking prohibition.

360. In summary, the pavement parking prohibition and the double parking prohibition do not apply in the following cases:

• Emergency services etc.

  • where the motor vehicle is being used for the purposes of the emergency services or the military etc. and the achievement of those purposes etc. would be likely to be hindered if the motor vehicle were not parked on a pavement or “double parked” (i.e. parked as mentioned in section 54(1)) 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.

• Works in roads, removing obstructions, waste collection and postal services

  • the motor vehicle is being used for “works in roads” (defined as meaning “road works”, “works of road purposes” or “major works for road purposes”) or cleaning etc. any equipment or structure placed on or over a road by or on behalf of a roads authority); for the removal of an obstruction to traffic; for the collection of waste by or on behalf of a local authority; or for postal services provided by the Post Office or a private provider;

  • in addition, the vehicle cannot reasonably be so used without being parked on the pavement or double parked and it is not parked for any longer than is necessary for that use; and, in addition, no part of the vehicle is within 1.5 metres of the pavement edge which is furthest away from the centre of the carriageway.

• Medical professionals

  • 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, the provision of that care would be likely to be hindered if the motor vehicle were not parked on a pavement or double parked, and the vehicle is parked for no longer than is reasonable in connection with the provision of the care (“registered medical practitioner”, and “registered” in relation to nurse and midwife, each take the meanings given in schedule 1 of ILRA); 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.

• Delivery or collection etc. of goods

  • the motor vehicle is being used in the course of business for the purpose of delivering or collecting goods or for loading or unloading the vehicle; that action cannot reasonably be carried out without the vehicle being parked on a pavement or double parked; and the vehicle is not parked for a continuous period of more than 20 minutes; and, in addition, no part of the vehicle is within 1.5 metres of the pavement edge which is furthest away from the centre of the carriageway.

• Parking in an authorised or designated parking place

  • the motor vehicle is parked wholly within an authorised or designated parking place (authorised or designated under section 32(1)(b) or 45 of the RTRA respectively).

• Permission by a constable

  • the motor vehicle is parked in accordance with permission given by a constable in uniform.

• Saving life or responding to another emergency

  • where a person has parked the motor vehicle for the purpose of saving life or responding to another similar emergency, the achievement of that purpose would be likely to be hindered if the vehicle were not parked on a pavement or double parked, and the vehicle is not parked on a pavement or double parked for longer than is necessary for that purpose.

• Providing assistance at an accident or breakdown

  • where a person has parked the motor vehicle for the purpose of providing assistance at an accident or breakdown, that assistance could not be safely or reasonably provided without the vehicle being parked on a pavement or being double parked; and the vehicle is not parked on a pavement or double parked for longer than is necessary for that purpose; and, in addition, no part of the vehicle is within 1.5 metres of the pavement edge which is furthest away from the centre of the carriageway.

361. Subsection (11) defines the term “carriageway” as having the same meaning as section 43(6), so that it is construed in accordance with section 151(2) of the Roads (Scotland) Act 1984.

362. Subsection (12) confers power on the Scottish Ministers to, by regulations, modify this section. The regulations are subject to the affirmative procedure – see section 128(2).