o What action can be taken to stop footway parking?
Vehicles parked on the footway can cause obstruction and safety issues for vulnerable pedestrians, particularly older and disabled people, and those with visual or mobility impairments. They are often forced into the road and into oncoming traffic. The condition of footway surfaces also deteriorates as they are not designed to carry the weight of vehicles.
The Scottish Government has developed national legislation against footway parking, parking at dropped footways, and double parking. Footway parking or double parking will be specific offences in Scotland, and following the implementation of the legislation, our City Wardens will be able to issue penalties to those who do not comply by the legislation.
The Transport (Scotland) Act 2019 can be viewed on the parliament website here: https://www.legislation.gov.uk/asp/2019/17/enacted.
Whilst the footway parking ban was introduced into legislation in the Transport (Scotland) Act 2019, enforcement is now expected to commence in late 2023. This is due to the multiple layers of legislation that must be completed prior to implementation.
Certain roads within the city will be exempted from the ban. The Council will progress the assessment of streets shortly. Consultation will be undertaken where an exemption is being considered.
The City Council will be assessing footways this year with those eligible for exemptions going through to the consultation process and, it would be hoped that enforcement would be due to commence next year.
Vehicles causing an obstruction can be reported to Police Scotland using their non-emergency number 101.
o Waiting restrictions
Rules 239 to 247 of the Highway Code provide drivers with guidance as to where they should and should not park, drivers failing to comply with these rules are at risk of committing an offence. Where vehicles have been left on parking or waiting restrictions this can be enforced by Aberdeen City Council City Wardens, otherwise Police Scotland may take enforcement action.
Aberdeen City Council can consider the introduction of waiting restrictions (yellow lines) to address concerns of obstructive parking, however before restrictions can be introduced a Traffic Regulation Order (TRO) must be promoted. Unless the measures are implemented as an emergency, the statutory process required to promote a TRO can be lengthy and can take time to implement.
Aberdeen City Council do not consider it appropriate to introduce isolated sections of waiting restrictions (yellow lines) within residential areas. Any requests for new waiting restrictions must be based on specific road safety concerns which occur on a regular basis, and not as the result of a one off or infrequent occurrence.
o Obstructive parking at driveways
A driver who obstructs a driveway and as a result has stopped a resident from exiting a driveway in their vehicle is committing an offence which can be enforced by Police Scotland. Such an obstruction should be reported using their non-emergency number 101.
Aberdeen City Council do not consider it appropriate to introduce waiting restrictions (yellow lines) at driveways, however residents can apply for an advisory “elongated H” road marking to be installed across their driveway. Details of this marking and how to apply can be found via the following link -
https://www.aberdeencity.gov.uk/services/roads-transport-and-parking/apply-carriageway-markings-outside-access-or-driveway
o What are Controlled Parking Zones (CPZs)? Residents only parking
A controlled parking zone (CPZ) is an area where on-street parking is controlled during specified time periods. This means that during the operational hours parking is only permitted in designated parking bays and that the remainder of the kerbside space is subject to yellow line restrictions. To enforce the parking bays, a permit system operates, with residents being able to purchase permits in order to park within the bays, and non-residents having the option to 'pay and display' within this area. Such schemes already operate within various areas of the city.
The current Local Transport Strategy 2016 – 2021 states, under Car Parking Management:
“Where there are increases in on-street parking demand, either because of development or overspill from existing facilities, a pragmatic approach to prevent indiscriminate parking will be applied. Where residential amenity is affected, or unrestricted parking is undermining other forms of transport and creating congestion, Controlled Parking Zones will be extended (where there is support from the local residents). Parking and loading controls (i.e. single and double yellow lines) will be used to enable safe and effective movement by all means of transport.”
However, the budget for future controlled parking zones was removed from the 5-year non-housing capital plan and consequently areas previously identified as potential future parking zones have not become subject to parking controls, except for a small extension to one of the existing CPZs.
Any vehicle under 7.5T, if parked safely at the kerbside, without obstructing other road users and if taxed and holding a valid MOT can be parked on any street in the city. Residents cannot be prioritised outside their property or on their street.
Where high volumes of daytime parking are reported, officers may introduce waiting restrictions to manage safe parking practises. These will ensure that junctions are kept clear and access for emergency vehicles is maintained. These measures require to go through a series of consultation processes and could take around nine months to be implemented.
In the interim, if cars are parked in an unsafe manner such that they are causing obstruction or reduced visibility, please note that Police Scotland may take action. They can be contacted on the non-emergency number 101.
o Parking at the periphery of Controlled Parking Zones
Parking around the edge of a controlled parking zone can occur when commuters attempt to avoid parking charges.
In the absence of waiting restrictions, any vehicle that is taxed, MOT'd and insured is entitled to park alongside the kerb when parked safely, residents cannot be prioritised out with the controlled parking area. As it is difficult to differentiate between resident’s, visitor’s and commuter’s cars, officers will not be able to carry out a survey to determine the volume of commuters parking on street.
Where high volumes of daytime parking are reported, officers may introduce waiting restrictions to manage safe parking practises. These will ensure that junctions are kept clear and access for emergency vehicles is maintained. These measures require to go through a series of consultation processes and could take around nine months to be implemented.
In the interim, if cars are parked in an unsafe manner such that they are causing obstruction or reduced visibility, please note that Police Scotland may take action. They can be contacted on the non-emergency number 101.
o Waiting restrictions on private roads
As the Traffic Authority, ACC is not affected by whether a road is a public road or private road but purely by its status as a road. Parking controls can be introduced when parking pressures on streets within an area become extensive, when all day commuter parking results in issues relating to indiscriminate and obstructive parking. Parking controls can be used to improve residential on-street parking amenity, and pedestrian and road safety.
It is appropriate to charge residents to park in a private road within a controlled parking zone. Any income goes towards the cost of the implementation, administration and enforcement of the scheme in addition to the cost to maintain the signs, road markings and parking machines within the area.