Parking on pavements, cycle-paths etc

The following information was provided by PC Weaver to Leith Central CC.

Parking on Pavements

Whilst it is currently not an offence to be parked on the pavement in Scotland, per se, legislation does exist to allow officers to deal with these type of incidents.

In most cases the offence of causing an obstruction will be most pertinent. There is no exact definition of obstruction, but a rule of thumb would be whether or not a pram or wheelchair could still navigate past, without having to going onto the roadway.

In most instances it will be necessary to examine the individual circumstances and determine what, if any, offences have been committed.

Drive On A Pavement

It is an offence to drive on a pavement under Section 129(5) of the Roads (Scotland) Act 1984.

  • a person who, in a footway, footpath or cycle track, as the case may be drives, rides, leads or propels a vehicle or horse, or any swine or cattle, commits an offence

Obstruction

It is an offence under Section 129(2) of the Roads (Scotland) Act 1984 for a person who:

  • without lawful authority or reasonable excuse, place or deposit anything in a road so as to obstruct the passage of, or endanger, road users

It is an offence under Regulation 103 of the Road Vehicles (Construction and Use) Regulations 1986 for

  • A person in charge of a motor vehicle or trailer who causes or permits the vehicle to stand on a road so as to cause any unnecessary obstruction of the road.

Cycle Track

It is an offence under Section 129(6) of the Roads (Scotland) Act 1984 for a person

  • who parks a motor vehicle wholly or partly on a cycle track.

(Cycle Track – where over a road the public have right of passage by pedal cycle only, or by pedal cycle and foot only, the road is a “cycle track” — Section 151)

A cycle track which forms part of the roadway would not be covered by this offence and officers should consider one of the previous obstruction offences or whether or not the driver may be parking in breach of a local order. However, it is also possible that the driver is entitled to park on such a cycle lane.

Parking Caravans or Trailers on Roads

It is not illegal to park a caravan on a road, but certain criteria must be met:

  • The nearside of the caravan must be parked as near as possible to the nearside kerb i.e. with the flow of traffic so that oncoming vehicles will see the rear reflectors
  • It must not obstruct the road, domestic driveways, or otherwise cause a hazard.
  • It must be lit at night with front position lamps

Obstruction

It is an offence under Regulation 103 of the Road Vehicles (Construction and Use) Regulations 1986 for

  • A person in charge of a motor vehicle or trailer who causes or permits the vehicle to stand on a road so as to cause any unnecessary obstruction of theroad

Lighting

Regulation 24 of the Road vehicles Lighting Regulations 1989 require that a caravan or trailer left on a road between the hours of sunrise and sunset must have front position lamps fitted and lit.

A front position lamp is defined as ‘a lamp used to indicate the presence and width of a vehicle when viewed from the front’.

One thought on “Parking on pavements, cycle-paths etc

  1. Pingback: LHNCC minutes: March 2019

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