Purpose of this Consultation
This consultation focuses on:
- the allocation of functions to the First-tier Tribunal for Scotland General Regulatory Chamber for appeals relating to Low Emissions Zone Schemes, Workplace Parking Licensing Schemes and the prohibition of Dropped Footway Parking, Pavement Parking and Double Parking, and
- the amendment of the composition and Rules and Procedure in the First-tier Tribunal for Scotland General Regulatory Chamber and the upper Tribunal for Scotland for appeals relating to Low Emission Zone Schemes, Workplace Parking Licensing Scheme and the prohibition of Dropped Footway Parking, Pavement Parking and Double Parking.
MACS welcomes the opportunity to respond to this consultation. The focus in relation to MACS response is with regard to Pavement Parking (including obstruction of dropped kerbs etc.) and we would like to provide the below comments:
- MACS is extremely disappointed that the proposed appeals function relating to pavement parking will not be allocated to the Scottish Tribunals until 1 December 2023. This further delays the implementation of the legislation being passed in 2019 with the likelihood now that it will not be in force until 2024, 5 years following legislation. MACS have previously raised concerns in relation to the lag time that we consider unacceptable.
- MACS is opposed to exemption orders being allowed in relation to the pavement parking prohibition as this a national ban. We do not believe that local authorities should have the ability to exempt any streets.
- If appeals are allowed, we would agree that the same Rules of Procedure that are currently in place for parking and bus lane cases be used and that these should be heard by the General Regulatory Chamber. However, it is vital that the timescale for this to be in force be re-considered and brought forward to the earliest possible date.
- MACS request that the Scottish Government publish a timetable for the implementation of the Pavement Parking so that there is transparency in the process.
With regard to timeframes for implementation of the Pavement Parking Prohibition we think it is important to outline that waiting 5 years since legislation to enact this legislation is having a real impact on the lives of disabled people as outlined below:
- A female aged 74 who recently had a stroke and uses an electric pavement buggy is unable to leave her house. This is due to the continuous pavement parking by vans and cars and they are feeling like a prisoner in their own house and cannot get out to do the basic human rights of shopping and going for health appointments. Despite pleading with the owners of the vans and cars they continue to park on the pavement blocking this lady in. If the pavement parking was implemented by now this would not be a problem.