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A bill banning parking on pavements has been introduced to the Scottish Parliament for the third time.
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http://www.bbc.co.uk/news/uk-scotland-scotland-politics-32810568
CityCyclingEdinburgh Forum » Cycling News
"A bill banning parking on pavements has been introduced to SP"
(71 posts)-
Posted 8 years ago #
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The Bill documents are available here:
http://www.scottish.parliament.uk/parliamentarybusiness/Bills/89353.aspx
Unfortunately, the Parliament's Presiding Officer has ruled that the Bill is outwith the legislative competence of the Scottish Parliament. This effectively guarantees that the Bill will fall following the completion of its initial consideration by the Parliament.
Mark Lazerowicz had secured a concession from the one David Mundell MP, in the previous session of the UK Parliament, to ensure that the power to legislate on this would be transferred to the Scottish Parliament. (1)
Pavement parking wasn't considered by the Smith Commission and did not feature in the draft clauses, which probably means it won't be in the new Scotland Bill - due next week. If it isn't then people might want to:
(1) Write to David Mundell and ask how he is getting on with this.
(2) Contact their newly minted MPs, encouraging them to amend the Scotland Bill at the earliest opportunity to include this provision.Posted 8 years ago # -
Living Streets Scot @LStreetsScot · 15m15 minutes ago
@fountainbridge @SRDorman @livingstreets @LivingStreetsEd We think this problem can be overcome by secondary legislation at WestminsterPosted 8 years ago # -
Fountainbridge - yes, it can be achieved through secondary legislation (see the link included at the foot of my previous post). However, it would seem odd to pursue this avenue when the Scotland Bill is imminent. Take the easy option - an SNP member's Bill has been found to be outside the legislative competence of the Scottish Parliament, a UK Bill to devolve powers to the Scottish Parliament is in the works, there are 56 SNP MPs all itching to secure further powers for the Scottish Parliament through the Scotland Bill - if there was ever an open door to push at, this is it.
Posted 8 years ago # -
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Drew Hendry MP (@drewhendrySNP)
21/05/2015 08:56
Great to be given key role in SNP team at Westminster. The Transport portfolio will be a great way to get Scotland’s and local voices heard"
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Drew Hendry MP (@drewhendrySNP)
21/05/2015 17:48
Lots of meetings to get set up on #Transport. Thanks to Louise+Tom for excellent background material #AlreadyReadinghttp://pic.twitter.com/xnJYQBcnZd
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Posted 8 years ago # -
I cannot understand what the problem is with making just one simple change to existing legislation to align Section 129.5 of the Roads Scotland Act 1984 with all other offences, for which a clear photographic record of the offence being committed is sufficient to secure conviction for fixed penalty fines and other penalties.
A car driver exceeds speed limit, runs a red light, ignores a TRO for bus lane/1-way/no entry and the registered keeper gets the wrap unless they declare the details of the driver, so why not this offence? No doing so makes the law a laughing stock.
Worth remembering that s.129.2 might be used instead and that does not need a change in the law or any special parking on footways law to go through. If traffic (on foot that is) is obstructed then an offence is being committed, and should be prosecuted. The English equivalent (s.137 HA 1980) carries a fine up to level 3 (£1000) so Scottish may be similar.
Also remember that if the vehicle is over 7.5T GVW the offence of parking in a footway already exists, as s.19 RTA 1988 and should be enforced, especially as this really causes the damage to utilities, kerbs, and footway surfacing.
So instead of a third attempt to create a new law how about simply getting rid of the idiosyncrasy the ridicules the existing law?
Posted 8 years ago # -
I presume the issue is really enforcement: current laws are not being enforced (by the police?).
Maybe in order to get enforcement the sections Tulyar refers to require to be decriminalised/handed over to local authorities, so that the parking penalty providers can take over?
Posted 8 years ago # -
S.129(2) applies to obstructing the 'road'.
S.129(5) is just odd, and is the cause of much confusion, given its an offence to move along a pavement, but not to be stopped there. As is often said, how did the car get there? Levitation? The fact it's there should be proof, though it then gets into the 'who drove it there' argument that occasionally someone jumps up and down about speeding tickets from speed cameras.
So in theory it would actually be clearer to have a specific law that basically says the registered owner of a vehicle is liable for it being left on a path (which, indeed, is effectively how parking tickets work, the offence (such as it is, being decriminalised) being linked to the vehicle and not the actions or inactions of a specific individual). Though that does make it impossible to credit someone's licence with some points, which I think worries people more than a sixty quid slap on the wrist.
Posted 8 years ago # -
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Marco Biagi (@MarcoBiagiMSP)
22/05/2015 09:11
@CyclingEdin I agree. It's just silly that @ScotParl doesn't have power over something like parking law and we do now have an opportunity."
Posted 8 years ago # -
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Drew Hendry MP (@drewhendrySNP)
22/05/2015 09:17
@CyclingEdin @SandraWhiteSNP @MarcoBiagiMSP @POPScotland Thanks for all the info, now on the worklist"
Posted 8 years ago # -
I'm slightly confused by this: what is the purpose of introducing a bill which you know Holyrood can't pass?
Posted 8 years ago # -
AstonishingPredictable how an article about cars parking on pavements turns into an assault on cyclists by the third or fourth comment.Posted 8 years ago # -
"Streets that are narrow enough that pavement parking is unavoidable will cause a hassle for anyone wanting to own a car. ~ Jacobyte"
I'm fascinated to learn that there are streets in which pavement parking is unavoidable. Do the lamp posts emit a tractor beam, pulling the car into its inevitable, pavement-based resting area? This would explain how cars get onto the pavements without being driven there.
Posted 8 years ago # -
"Maybe worthwhile pointing out to Mr Corbett than in many areas if cars couldn't park on the pavements then the emergency services vehicles wouldn't be able to get along the street at all. ~GraemeH"
I'm learning a lot about car use and pavement parking here. In some way parking on the pavement facilitates access for emergency vehicles! Maybe we should think of installing cars permanently on all pavements to increase access for emergency vehicles at all times?
Posted 8 years ago # -
Four white vans (2 x Scottish Gas, 1 x Scotland Gas Networks, 1 x unmarked) and 1 x large removals lorry, all hauled out onto the York Place pavements this morning (the lorry had it's outer wheels still on the road). Rush hour? Smush hour.
Posted 8 years ago # -
The Bill is a goer - the UK Government has agreed to devolve the necessary powers. With a fair wind, and some redrafting - it's a right mess as it stands, it should be law in the not too distant future.
Posted 8 years ago # -
Ah, but will it be powerful enough to work against the "park anywhere" lights installed on all cars? You know, the ones operated by a red button with a triangle on it.
Posted 8 years ago # -
Well the Lorry looked over 7.5 tonnes so could have been done under the S.19 of the RTA which prohibits vehicles over that weight on pavements, verges etc. 1 of the white vans was across double yellows also, so existing laws could have done that too.
I really do welcome the new bill to really boost existing powers, but the police and council appear to be almost apathetic to enforcing the existing regulations. The council has 4 or 5 wardens constantly marching up and down George Street inspecting ticketed bays but turn a blind eye to everything else. New laws are no good if no one is giving the authorities the boot up the behind to enforce them.
And if you don't live in a controlled zone or on a greeway, good luck ever seeing a traffic warden or council parking warden.
I'm sure the 3 gas vans would have claimed their work was "essential" to get off the hook (I learned from Scottish Gas when they came to install the new boiler that they have special dispensation for parking, residents bays, metered bays, yellow lines etc. as they count as an essential service, even when installing a new domestic boiler as a private business).
Posted 8 years ago # -
The Bill is a goer
Thats good news. Perhaps the councils can be given some start up capital to help them enforce the new rules. I'm sure it'll be self sustaining once the fines start rolling in.
Posted 8 years ago # -
Dear all,
The Local Government and Regeneration Committee has launched its Stage 1 consideration of the Footpath Parking and Double Parking (Scotland) Bill.
Click here to see further information on the Bill and its accompanying documents.
Call for evidence
You can respond by submitting written evidence to the Committee.
Click here to see the call for written evidence.
Please note that submissions should be made, preferably, in less than 4 pages and word format and e-mailed to lgr.committee@scottish.parliament.uk. The deadline for written evidence is Friday 6 November 2015.
Electronic survey
Alternatively, you may wish to respond on this issue via a short and anonymous online survey.
If you have any queries, please e-mail lgr.committee@scottish.parliament.uk.
Please note that you can get the latest Committee announcements by following us on twitter @SP_LocalGovt
Many thanks and best wishes,
Emma Johnston,
Assistant Clerk to the CommitteePosted 8 years ago # -
The survey seems very keen on exempting- deliveries, services, even whole streets. Imagine whole areas with narrow roads having explicitly permitted pavement parking because of a bill curtailing it.
Bill needs support and positive feedback to have this fixed now.
Posted 8 years ago # -
The survey seemed to me to subtly nudge the respondent to form the view that it would probably be unworkable / unenforceable.
Why is there a question asking your view on whether or not the police would have the resources to enforce it?
That's a question for parliament, not the public.
Posted 8 years ago # -
@bax what I thought was particularly odd was that it asked respondents to explain why they thought police might not be able to enforce, but not why they thought they would.
Posted 8 years ago # -
The survey seems very keen on exempting- deliveries, services, even whole streets. Imagine whole areas with narrow roads having explicitly permitted pavement parking because of a bill curtailing it.
Ha, I thought this bill was too good to be true for the Scottish Motorists Party. A bill to ban parking on pavements - except when drivers "need" to park on pavements.
Posted 8 years ago # -
I filled it in, and put that question about how would I know about police resources in the appropriate comment box.
I tended to indicate there were too many exemptions, and that exemptions for whole roads were not appropriate.
Posted 8 years ago # -
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Current Status of the Bill
This Member's Bill was introduced by Sandra White MSP on 21 May 2015.
- See more at: http://www.scottish.parliament.uk/parliamentarybusiness/Bills/89353.aspx#.dpuf"
Might be worth contacting her (she's SNP) to show support and question the apparent attempt to encourage sceptical responses.
Posted 8 years ago # -
I filled in the survey and observed on every page in my comments that a bill to prohibit parking on pavements and over dropped kerbs isn't particularly useful if it basically is a list of exceptions that allow parking on pavements or over dropped kerbs.
The "dropping off passengers" and "making essential deliveries" was worded a bit like it was a delivery van / taxi / magic parking lights park-where-you-like charter.
I think I'll compose a letter to Sandra White.
Posted 8 years ago # -
Yeah, parking on pavements is banned, EXCEPT when drivers need to drop someone/something off. Or when the LA makes an exception. Or when there's a marked parking bay alongside. Or when the pavement is not in a "built up area".
Basically it's not banned at all!
I've filled in the survey but I expect even this lily livered bill to fall.
Posted 8 years ago # -
Id encourage everyone to spend 10 minutes filling in that survey.
It really is structured to provide exemptions to any form of banning pavement/double parking and wreck the legislation.what part of 'dont park on the pavement' and 'dont block the road/double park' do they not get?!
Thee proposals to exempt 'built up areas' are particularly egregious > precisely the places where busy pavements would see more people blocked by pavement parking could be exempted...
Posted 8 years ago #
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