What are the new rules?

New Scotland wide parking legislation means it is now illegal to

• park on pavements

• double park

• park at pedestrian crossing points

• park on road verges, which lie between roads and pavements.

The new rules came into law on Monday 11th December 2023 and East Lothian Council will shortly start active enforcement to vehicles contravening the rules. However, it should be noted that other agencies, such as Police Scotland, may issue enforcement notices as the legislation is live.

Why are they being introduced?

Prohibitions for pavement parking, double parking and parking at dropped kerbs were introduced by the Transport (Scotland) Act 2019 and are aimed at promoting, supporting and advancing the rights of pedestrians to ensure that our pavements and roads are accessible for all. The Act was debated at length in the Scottish Parliament and the national prohibition on pavement parking received unanimous cross-party support. There have also been a number of public consultations regarding the pavement parking prohibition and the secondary regulations which are required to enforce the prohibition.

What is the "pavement parking prohibition"?

This prohibition forbids vehicles to have one or more of its wheels on any part of the pavement.

What is the "double-parking prohibition"?

This prohibition forbids:

• vehicles to park alongside or in front of other vehicles (it does not matter whether the vehicles' owners or drivers have an agreement with each other).

• vehicles that are parked too far away from the edge of the carriageway (more than 50 cm).

What is the "dropped footway parking prohibition"?

This prohibition forbids vehicles to be parked on a carriageway adjacent to a footway where, for the purposes of assisting pedestrians or cyclists to cross:

• the footway has been lowered.

• the carriageway has been raised.

Am I likely to be issued with a fine (penalty charge notice) if I park on the pavement, double park or park across a dropped kerb?

Yes, parking attendants will be patrolling and penalty charge notices may be issued at any time of the day. Please make sure you observe these rules to help†other users travel safely, including people in wheelchairs and†children in buggies.

How much is the fine?

The fine is £100 reduced to £50 if paid within 14 days of issue.

There is nowhere else to park, what can I do?

In some locations, some residents may feel they have had no option but to park on the footway/pavement. This is no longer legal. You will need to find an alternative location to park.

If I park on the road, I will block the traffic - what I am supposed to do?

In most cases, parking with all four wheels of your vehicle on the road carriageway should not block the road to other traffic. If that is the case, it would be advisable to park elsewhere because it is an offence to block obstruct traffic and Police Scotland may take action. It is recognised that more vehicles on the carriageway may serve to reduce overall traffic speed in some streets.

People currently pavement park on both sides of my street, how will I know which side of the street to park on when the new rules go live?

There are some residential streets in East Lothian where parking can only be accommodated on one side of the road. You may want to consider the location of any disabled personsí parking places, or other parking restrictions already in your street or park on the nearside (passenger side) to make reverse parking easier. If you cannot park your vehicle fully on the carriageway in a manner which allows public transport or emergency service vehicles to pass freely on the carriageway, then you should park elsewhere.

The new rules mean there will be fewer parking spaces in my street, where should I park?

We recognise that the new rules may cause some initial disruption on some streets more than others, however there will be no exemptions and drivers may need to find alternative parking in another location. You should not park on the road in locations where this would make the carriageway too narrow for public transport or emergency service vehicles to pass freely.

Can I park on a grass verge or grass strip?

No, the pavement parking ban includes grass verges so these must be avoided. As a rule of thumb, if a pedestrian can walk on it, it should be avoided.

I heard the rules did not apply when loading?

There is an exception in the rules that seeks to support some traders to continue making deliveries. This only applies to activity in the 'course of business' so does not apply to personal activities like unloading shopping or lifting young children out of a car. Delivery drivers can only park on the pavement when the following two conditions apply - 1) There must be no reasonable place to park fully on the road, and 2) there is still 1.5m of pavement width between their vehicle and any wall, fence or bush. If these two conditions apply, then the maximum length of time for the delivery driver being parked on the pavement is 20 minutes.

Can I drop a passenger off, or collect, on the pavement?

No, you shouldn't drive on to the pavement to allow a passenger to board or alight your vehicle. If you are observed sitting behind the steering wheel, while parked on a pavement, a parking attendant will may ask you to move before issuing a penalty charge notice.

I only had one wheel on the pavement ñ will I get penalised?

Potentially yes, the law states that even one wheel on the pavement is enough to result in a penalty charge notice being issued to your vehicle. Make sure you park with all four wheels on the road.

My pavement is wide with room for both cars and pedestrians ñ why canít I park there?

The guidance with the new legislation explains that exemptions should only be given in certain circumstances and pedestrians should be prioritised. If there is sufficient space on the carriageway for drivers to park, and still allow vehicles to pass, it is not appropriate to allow an exemption. Most pavements have not been designed to take the weight of vehicles and can be damaged by persistent pavement parking.

I live in a cul-de-sac and there are very few pedestrians ñ do the rules apply everywhere?

Yes, the new rules apply in all streets, irrespective of their design, length or purpose.

Do the rules apply on private roads or privately owned pavements?

Yes, if the road is available to pedestrians to use, the rules will apply irrespective of ownership.

I am a Blue Badge holder. Do these new rules apply to me?

Yes, all these rules apply. There are no exceptions for Blue Badge holders.

Is there going to be signage to show me where I can't park?

No, the default position is that parking on the pavement is banned. Parking across dropped kerb crossing points is also banned. Signage will only be provided where there is a formal exemption to the rules.

Can I park across my own driveway?

Potentially yes, if you are sure the dropped kerb for the driveway does not also serve as a crossing point for pedestrians. You should not park across someone else's driveway. 1.5 metres of continuous passage must remain available for pedestrians using the footway.

How can I tell if the dropped kerb is used as a crossing point?

Generally, it will be clear because there will be no corresponding driveway or garage for a vehicle to enter. You should consider how a wheelchair user might want to cross from one pavement to another. If you are in doubt, it would be advisable to avoid the dropped kerb and park elsewhere.

How can I report parking on pavements/dropped kerbs and double parking?

Email: roadsconsultation@eastlothian.gov.uk