LTB 304/23 – New Pavement Parking Law Introduction December 2023 – Drivers to face £100 Fine For Contravention
No. 304/2023
23 November 2023
Our Ref: V4/23
To: All Branches
Dear Colleagues,
New Pavement Parking Law Introduction December 2023 – Drivers to face £100 Fine For Contravention:
Introduction:
For the information of CWU drivers both on duty, driving fleet vehicles and whilst off duty driving their private vehicles, this LTB is to update members on the imminent introduction of new legislation in various parts of the UK banning parking on the pavement, to be enforced with a £100 penalty fine when the law goes live next month.
Scotland New Ban and Fines:
Drivers in some areas of Scotland will not be able to park their cars on the pavement from 11 December 2023. Those who do will be given either a Fixed Penalty Notice of £100 or their vehicle will be removed to a car pound incurring additional charges.
It’s important to note that from this date, all 32 councils in Scotland will be able to enforce the new parking rules. Each council has the authority to decide whether to enforce the new rules.
According to the Scottish Government’s legislation, if the driver pays the fine within 14 days – beginning with the date the notice was given – drivers will only need to pay £50. However, those who fail to pay before the issuing of the penalty notice could also face an increase in their penalty by as much as 50%.
There are three ‘key changes’ in relation to parking under the new rules – these include:
- A ban on pavement parking.
- A ban on double-parking (more than 50cm from the edge of a carriageway).
- A ban on parking at dropped kerbs installed for pedestrian or cycle usage.
Some Local Authorities will allow a .grace period. early in 2024 where warning notices will be issued for the action. Once the grace period has ended drivers will be given the penalty notice fines.
Scotland originally announced its intention to ban pavement parking and dropped kerbs in 2019, but this became delayed due to the coronavirus pandemic. The former Transport Secretary Michael Matheson, later announced the ban would not be enforced before this year.
The Scottish Government state that the ban sets out to tackle ‘‘inconsiderate and obstructive” parking and aims to make pavements and roads more accessible for everybody.
London Ban and Fines:
In the Capital City London, Pparking on pavements is already punishable if it causes an obstruction, and is included in the Highway Code. In particular, a parking ban is already in place across 32 London boroughs and the city under the Greater London (General Purposes) Act 1974. If a driver is caught parking on the pavement, they can be charged with “unnecessary obstruction of any part of the highway” with drivers receiving a £70 fine.
Northern Ireland Restrictions and Fines:
In Northern Ireland, where parking restrictions are marked on the road, for example yellow lines, those restrictions also apply to the pavement. Therefore, parking tickets (PCNs) can be issued to vehicles which are parked in contravention of the restrictions. Pavement parking is not permitted at any time along the length of urban clearways and parking tickets (PCNs) can be issued to vehicles parked in contravention. Apart from urban clearways, there is no general ban on pavement parking. Where there are no parking restrictions marked on the road, parking tickets (PCNs) cannot be issued to vehicles on the pavement. If, however, a problem of obstruction arises as a result of vehicles parked on a pavement, that situation is a matter for, and can be dealt with by, the Police Service of Northern Ireland.
Wales:
The Welsh Government has proposed changes that will allow local authorities to enforce against pavement parking where it is causing an unnecessary obstruction to people on the pavement. This will allow local authorities to act without having to implement traffic regulation orders. Currently this power is held by the Police alone who don’t enforce against parking on the pavement. Guidelines will be issued to local authorities setting out exactly what this means. A ministerial spokesperson stated that “The Welsh Government is aware of the real blight for communities caused by pavement parking and is looking at ways to address this problem as part of our wider response to the climate emergency, the air quality crisis and the obesity epidemic”.
UK Considering National Ban and Fines:
The whole of the UK could soon follow London and Scotland in making parking on pavements illegal. The Department for Transport (DfT) has announced it’s considering bringing the rest of the country in line with the London rules – which could land drivers with a Fixed Penalty Notice fine. Parking on the pavement is not illegal in England, outside of London at present. Drivers can, however, still get a fine for doing so in some instances, which makes the law a grey area.
Traffic Regulation Orders (TROs) – Local Authority Bylaw Powers:
There are different rules for different parts of the country, and local authorities can restrict pavement parking on individual streets, or by area, by making a ‘Traffic Regulation Order’ (TRO). A Traffic Regulation Order (TRO) is an official order (bylaw) made by a local authority that details the nature and extent of traffic restrictions in a certain area. These restrictions can relate to parking, bus lanes, moving traffic and littering from vehicles.
Highway Code Rules:
Since 1974, Highway Code rule 244 has stated that drivers “MUST NOT park partially or wholly on the pavement in London and should not do so elsewhere unless signs permit it. The Highway Code states drivers should not park on the pavement, meaning it is advisory and not, therefore, backed up by any legislation. Rule 242 however states that “You MUST NOT leave your vehicle or trailer in a dangerous position or where it causes any unnecessary obstruction of the road.” This is a must not, meaning if your vehicle is reported or seen by a Police Officer and judged to be either in a dangerous position or causing an unnecessary obstruction of the road, the driver can be issued with a Fixed Penalty Notice.
The RAC Advise as follows:
Outside of London, the RAC advise drivers to use common sense when faced with no other option but to park on the pavement. If you are parking along a narrow road, where parking wholly on the road would stop other cars, and particularly emergency vehicles, from getting through, then it is a sensible option to park partially on a pavement, providing there are no parking restrictions and providing you are not blocking a wheelchair user or pram from using the pavement. If there are restrictions, or your parking would cause wheelchair users or people with prams to have to walk into the road, then you should find somewhere else to park.
“Living Streets” Charity Campaign:
Living Streets is a UK wide charity formed in 1929 whose mission is to achieve a nation where walking is the natural choice for everyday local journeys. Their strategy is to achieve a better walking environment and inspire people to walk more. The early days of their campaigning led to the UK’s first zebra crossing and the introduction of speed limits. On their ‘Anti-Pavement Parking Campaign’ they state “We want a default pavement parking ban with an exception allowing pavement parking on specially designated streets. We need safe and accessible pavements to encourage people of all ages to walk more, and we are currently working with the Welsh Government to stop this dangerous practice.”
Further information here:- https://www.livingstreets.org.uk/get-involved/campaign-with-us/ban-pavement-parking-in-wales
Yours sincerely
Dave Joyce
National Health, Safety & Environment Officer