The new rules are a result of recent legislation which came into force on 11th December 2023 covering all of Scotland. The measure has been introduced to make it easier for pedestrians and people with mobility issues to safely use streets across the country.
These prohibitions apply to parked vehicles and stationary vehicles, whether or not the driver/owner of the vehicle is in attendance at the vehicle and whether or not the vehicle's engine is running.
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 "edge of the carriageway"?
The edge of the carriageway can either be:
- a painted solid white line.
- a kerb.
- where the surface of the carriageway meets its verge.
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.
Are there any exceptions to the "pavement parking prohibition" and the "double-parking prohibition"?
The following "situations" do not apply for the "pavement parking prohibition" and the "double-parking prohibition".
- Vehicles being used for emergency service purposes (Police, Ambulance, Fire, Coastguard).
- Vehicles being used to do works on roads, for the removal of obstructions to traffic, for the collection of waste by the Council or for delivering the postal service (Royal Mail only).
- Vehicles being used by a registered medical practitioner, a registered nurse or a registered midwife providing urgent or emergency health care.
- Vehicles delivering goods to or collecting goods from any premises (up to 20 minutes only).
- Vehicles loading from or unloading to any premises (up to 20 minutes only).
- Vehicles providing assistance at an accident or breakdown.
The above exceptions can be allowed only if these activities cannot be carried out:
- without the vehicle being parked on a pavement, however a space of 1.5 metres must be maintained on the footway between the vehicle and the edge of footway furthest from the carriageway to allow unobstructed pedestrian movement.
- without the vehicle being double parked.
Are there any exceptions to the "dropped footway parking prohibition"?
Vehicles being used for the purpose of saving life or responding to another similar emergency.
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 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.
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.
Are "raised crossing points" enforceable?
Yes, the prohibition on parking at pedestrian/cyclist crossing points also applies where the carriageway has been raised to the level of the footway.
I only had one wheel on the pavement – 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.
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.
My pavement is wide with room for both cars and pedestrians – why can’t 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 – 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 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 ask you to move before issuing a penalty charge notice.
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. If there is an existing restriction in place, such as double yellow lines, this restriction still applies.
Someone else has parked in front of my driveway, can you help?
Only in the case that one or more wheels of a vehicle are on the footway, then it would fall under the "pavement parking prohibition" and we would be able to enforce it.
If this is not the case, then it could be classed as an obstruction, and this should be reported to Police Scotland on their non-emergency number 101.
Are "Taxis" exempt?
Taxis are not exempt, and drivers are expected to park or wait correctly at all times.
What happens if access for emergency service vehicles, public transport vehicles and refuse collection vehicles is prevented by vehicles parking on the carriageway of my street?
When this type of obstruction occurs, Police Scotland should be contacted on their non-emergency number 101.
It is the responsibility of each driver to park their vehicle considerately and where this would not cause an obstruction to the road. If you cannot park with all four wheels on the carriageway without blocking traffic, you should park elsewhere.
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.
Can my street be exempt from these rules?
There will be no immediate exemptions proposed to allow parking on pavements. We will monitor the impact of the new parking prohibitions over the coming months and find out if any mitigation measures are needed.
In order to get a pavement parking exemption, your street needs to meet the following criteria:
- There is insufficient width of the carriageway to allow emergency service vehicles to pass when vehicles are fully parked on the carriageway.
- The footway needs to be wide enough to host the parked vehicle and have an unobstructed space of 1.5 metres between the vehicle and the edge of the footway furthest from the carriageway for pedestrians.
Each street may present a particular situation that needs to be tackled differently.
If you think you have a valid reason for a location to be considered for an exemption, and it meets the above criteria, you can email parking@falkirk.gov.uk. Your request will be logged and assessed.
Where can I report pavement parking, double parking or dropped footway parking?
You can report these by emailing parking@falkirk.gov.uk.