December 2015

Footway Parking and Double Parking (Scotland) Bill

The criminal law committee submitted a call for evidence to the above bill.   The bill creates the offences of parking on footways (Section 2) parking at dropped footways etc. (Section 3) and double parking (Section 4) without the need to establish that there is in fact an obstruction.  While noting that other organisations may be better placed to respond to the bill, and the exceptions to parking on footways, dropped kerbs and double parking, there were a few issues that the committee raised, such as the consideration of a statutory defence the basis that the parking was, in all the circumstances, reasonable.  The committee also suggested a further exception to be considered, where it is necessary to park on the footpath to avoid obstruction to other vehicles in circumstances where there is a very narrow lane, part of which has a footpath.  The committee also highlighted the potential resource issues for the police and local authorities in the enforcement of the provisions of the bill. 

The full response can be found on our website