Transport (Scotland) Act 2019

Yn ddilys o 11/12/2023

Exceptions to pavement parking prohibition and double parking prohibition S

55 Exceptions to pavement parking prohibition and double parking prohibition S

(1) This section sets out exceptions to the pavement parking prohibition and the double parking prohibition.

(2) The pavement parking prohibition and the double parking prohibition do not apply where F1 ...—

(a) [F2 the motor vehicle] is being used—

(i) for police purposes, including for the purposes of the National Crime Agency,

(ii) for ambulance purposes or for the purpose of providing a response to an emergency at the request of the Scottish Ambulance Service Board,

(iii) for or in connection with the exercise of any function of the Scottish Fire and Rescue Service or Her Majesty's Coastguard, or

(iv) for naval, military or air force purposes,

(b) the achievement of the purposes, or the exercise of the function, would be likely to be hindered if the vehicle were not parked on a pavement or, as the case may be, as mentioned in section 54(1), and

(c) no part of the vehicle is within 1.5 metres of the pavement edge which is furthest away from the centre of the carriageway (however that edge is bounded).

(3) The pavement parking prohibition and the double parking prohibition do not apply where the motor vehicle—

(a) is being used for or in connection with—

(i) the undertaking of works in roads,

(ii) the removal of an obstruction to traffic,

(iii) the collection of waste by or on behalf of a local authority,

(iv) postal services (within the meaning of section 125(1) of the Postal Services Act 2000),

(b) cannot reasonably be so used without being parked on a pavement or, as the case may be, as mentioned in section 54(1),

(c) is so parked for no longer than is necessary for that use, and

(d) no part of the vehicle is within 1.5 metres of the pavement edge which is furthest away from the centre of the carriageway (however that edge is bounded).

(4) In subsection (3)(a)(i), “works in roads” includes—

(a) road works within the meaning given by section 107(3) of the New Roads and Street Works Act 1991,

(b) works for roads purposes within the meaning given by section 145(2) of that Act,

(c) major works for roads purposes with the meaning given by section 145(3) of that Act,

(d) cleaning, placing, removing or adjusting by or on behalf of a roads authority (within the meaning given by section 151(1) of the Roads (Scotland) Act 1984) of any equipment or structure which is placed on or over a road.

(5) The pavement parking prohibition and the double parking prohibition do not apply where—

(a) 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,

(b) the provision of the care would be likely to be hindered if the vehicle were not parked on a pavement or, as the case may be, as mentioned in section 54(1),

(c) the vehicle is so parked for no longer than is reasonable in connection with the provision of the care, and

(d) no part of the vehicle is within 1.5 metres of the pavement edge which is furthest away from the centre of the carriageway (however that edge is bounded).

(6) The pavement parking prohibition and the double parking prohibition do not apply where—

(a) the motor vehicle is, in the course of business—

(i) being used for the purpose of delivering goods to, or collecting goods from, any premises, or

(ii) being loaded from or unloaded to any premises,

(b) the delivery, collection, loading or unloading cannot reasonably be carried out without the vehicle being parked on a pavement or, as the case may be, as mentioned in section 54(1),

(c) no part of the vehicle is within 1.5 metres of the pavement edge which is furthest away from the centre of the carriageway (however that edge is bounded),

(d) the vehicle is so 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.

(7) 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—

(a) authorised by order under section 32(1)(b) of the Road Traffic Regulation Act 1984, or

(b) designated by order under section 45 of that Act.

(8) The pavement parking prohibition and the double parking prohibition do not apply where the motor vehicle is parked in accordance with permission given by a constable (within the meaning given by section 99(1) of the Police and Fire Reform (Scotland) Act 2012) in uniform.

(9) The pavement parking prohibition and the double parking prohibition do not apply where—

(a) the person has parked the motor vehicle for the purpose of saving life or responding to another similar emergency,

(b) the achievement of that purpose would be likely to be hindered if the vehicle were not parked on a pavement or, as the case may be, as mentioned in section 54(1), and

(c) the vehicle is so parked for no longer than is necessary for that purpose.

(10) The pavement parking prohibition and the double parking prohibition do not apply where—

(a) the person has parked the motor vehicle for the purpose of providing assistance at an accident or breakdown,

(b) the assistance could not be safely or reasonably provided if the vehicle were not parked on a pavement or, as the case may be, as mentioned in section 54(1),

(c) the vehicle is so parked for no longer than is necessary for that purpose, and

(d) no part of the vehicle is within 1.5 metres of the pavement edge which is furthest away from the centre of the carriageway (however that edge is bounded).

(11) In this section, “carriageway” has the meaning given by section 51(6).

(12) The Scottish Ministers may by regulations modify this section.

Textual Amendments

F1 Words in s. 55(2) omitted (27.11.2023) by virtue of The Transport (Scotland) Act 2019 Amendment Regulations 2023 (S.S.I. 2023/347), regs. 1(1), 2(5)(a)

F2 Words in s. 55(2)(a) inserted (27.11.2023) by The Transport (Scotland) Act 2019 Amendment Regulations 2023 (S.S.I. 2023/347), regs. 1(1), 2(5)(b)