In May 2015, Sandra White MSP, introduced the Footway Parking and Double Parking (Scotland) Bill. The aim of the Member’s Bill was to prohibit parking on pavements, parking at dropped kerbs and double parking. The Bill’s primary aim was to enhance freedom of movement for pedestrians, particularly for those with disabilities and their carers, older people and people with pushchairs.
Following the Bill’s introduction the then Presiding Officer issued a statement that “the Bill, in her view, was out-with the legislative competence of the Scottish Parliament”. The analysis and conclusion was on the basis that the Bill related to reserved subject matter contained in the Road Traffic Act 1988, namely the regulation of road transport for the purposes of ensuring safety.
To address the legislative competence issues raised by the Presiding Officer, a package of amendments were included in the Scotland Act 2016, which received royal assent on 24 March 2016.
Due to the complex nature of the issues relating to parking and the concerns raised by stakeholders, the Scottish Government clearly set out an intention to use the powers devolved by the Scotland Act 2016 by including responsible parking provisions in the miscellaneous Transport Bill.
Stakeholder Working Group
A Responsible Parking Stakeholder Working Group was established, which includes representatives from a range of organisations, including Living Streets, Scottish Disability Equality Forum, disability groups, CoSLA, local authorities, Regional Transport Partnerships, Society of Chief Officers for Transportation in Scotland (SCOTS), Cycling Scotland, representatives from small businesses and the retail sector, Planning groups, the Freight Transportation organisations, motoring organisations, emergency services and other stakeholders.
The working group first met on 24 August 2016 and has continued to work in collaboration to develop the consultation document.
The focus of this consultation paper is to invite views from stakeholders and members of the public on delivering a consistent approach to managing and enforcing parking on public roads, including trunk roads and thereby improving accessibility for all. The consultation responses will inform our policy on how this can best be achieved, and help to develop the provisions for the Transport Bill and supporting guidance, which will be presented for consideration by the Scottish Parliament.
The public consultation, including a link to the information leaflet, is available online.