Concern raised over pavement parking loophole

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There is concern that a loophole in national legislation banning pavement parking could mean different rules for streets in the same housing development.

The Scottish Government is consulting with councils on the Transport (Scotland) Bill.

During a debate on Aberdeenshire’s response, Huntly, Strathbogie and Howe of Alford Cllr Robbie Withey questioned an element of the proposed legislation.

The bill states that councils should be given the power to penalise drivers for double parking or for parking on pavements.

However, during the infrastructure services committee meeting, Mr Withey asked if the ban would apply to unadopted roads, such as those in new housing developments.

Until such time as a road is formally adopted by the local authority, it is deemed a private road.

Mr Withey pointed out that new developments in Alford, at present, contained both adopted and unadopted roads.

Ewen Wallace, head of transportation, acknowledged that the wording of the legislation as it stands would mean drivers would still be permitted to park on pavements of unadopted or private roads, but not on adopted roads.

A report to the committee said the new bill could mean that councils like Aberdeenshire, that have not adopted DPE, would have to find the resource to enforce pavement parking and double-parking restrictions, but not any other on-street traffic offences.