Pavement parking

It is a contentious issue where the needs of drivers and pedestrians often conflict.  Our local authority members have differing views on banning pavement parking as council circumstances differ greatly between urban and rural. 

What does the BPA recommend?
A clear and consistent UK-wide common standard that enables local authorities to manage and enforce parking on footways, with the presumption being obstructions and parking on pavements is not allowed.

The impact of pavement parking
Pavement parking affects everyone who uses pavements. Our UK-wide study found the majority of people wanted anti-social parking to be dealt with where pavement parking, congestion caused by school runs and parking too close to junctions were together cited by 56% as the ‘most urgent’ issues which need addressing. Pedestrians are put in danger as they are forced to move into a road to get around vehicles parked on pavements.  People with mobility or visual impairments, as well as those who care for such as the elderly and young, are affected most.

Legislation
Pavement parking in London has been banned since 1974, except where explicitly permitted. However, in England and Wales it is the opposite from this and only prohibited where it is explicitly indicated, using Traffic Regulation Orders. The London ban is promoted under three main strands:
1. to prevent obstruction to pedestrians
2. to prevent damage to the footway, reducing repairs and injuries; and
3. to maintain footways as an amenity, as the presence of cars and other vehicles parked on footways, verges and other pedestrian areas is viewed as detrimental to the urban environment.

Lobbying

The UK government closed its consultation on pavement parking in 2020. In a joint letter to the Department of Transport Secretary of State in 2021 we called for action; legislation to introduce a London-style pavement parking prohibition throughout England, as in Scotland. 

For many years Guide Dogs, Living Streets and ourselves have campaigned on this. The Transport Select Committee has criticised the Department of Transport for not acting too and in 2019 held a Pavement Parking Inquiry and made clear recommendations. The BPA has been a key stakeholder consulted by DfT, see answer to a parliamentary question in April 2019 here. 

What is happening in England
The government's Managing pavement parking consultation proposed three options: 

1. Improving the Traffic Regulation Order (TRO) process, under which local authorities can already prohibit pavement parking
2. A legislative change to allow local authorities with civil parking enforcement powers to enforce against ‘unnecessary obstruction of the pavement’
3. A legislative change to introduce a London-style pavement parking prohibition throughout England

Our response recommended all three options (our response letter and survey questions response.  To continue streamlining the TRO process, regardless and at pace, implement civil parking enforcement for obstruction, with the removal of the word 'necessary' and implement a prohibition, if option two has not addressed the issue effectively after a one-year review. The most recent House of Commons debate on Pavement Parking took place in March 2023. it is now three years since the government consultation closed. New DfT minister Guy Opperman answers a House of Commons question on when the government will make a decision here.

What is happening in Scotland?
Scotland has devolved powers on footway parking.  The Transport (Scotland) Act 2019 includes prohibiting pavement, double parking and parking at dropped kerbs. It also includes keeper liability, workplace parking and clean air zones. The Act gives local authorities the power to exempt areas of pavement from the pavement parking ban in certain circumstances. To support these provisions, regulations are needed to bring the new legislation into force. These give local authorities the tools to tackle the issues of inconsiderate and obstructive parking.

Local authorities undertook road assessments (£2.4m funding) to see where exemptions would be necessary. Transport Scotland consulted with local authorities and the public on the proposals. It also consulted with local authorities on the proposed Parking Standards Guidance, and the Exemption Order Procedures that local authorities must follow, was laid in Parliament in December 2022. 

Local authorities have until December 2023, to assess their streets and put in place any exemption orders and physical signs and lines before enforcement is anticipated to go live from 11 December 2023 which will be accompanied by a public information campaign.

We await the government's response to the Enforcement Procedure Regulations consultation which will define how a local authority can issue a Penalty Charge Notice to someone found to be in contravention of the new national prohibitions for Pavement, Dropped Kerb & Double Parking. The secondary regulations required to ensure local authorities have the powers they need to enforce this will be laid in Parliament later this year.

Changes to the Tribunals (Scotland) Act 2014 has also been consulted on to allow the regulations allocating the new Transport Appeals to the General Regulatory Chamber.

What is happening in Wales?
The Welsh Government announced in April 2023 to delay a public consultation on using the existing offence of obstruction of the road to address the issue of pavement parking. So the introduction of legislation will now no longer be end of 2023. BPA is a member of the Pavement Parking Taskforce Group whose 10 recommendations were accepted to enforce against unnecessary obstruction on the footway. However, this proved unworkable as it required UK parliament finding time to amend legislation. Some examples of dangerous or obstructive parking are: 

• school entrances, bus stops, on a bend, or near the brow of a hill or hump bridge
• parking opposite or within 10 meters (32 feet) of a junction, except in an authorised parking space
• where it would make the road narrow, such as by a traffic island or roadworks
• where it would hold up traffic, such as in narrow stretches of road or blocking vehicle entrances
• where emergency vehicles stop or go in and out, such as hospital entrances
• where the kerb has been lowered or the road raised
• on a pavement, unless signs permit it

20mph limit
An all-Wales 20mph speed limit for built up areas was introduced on 17 September 2023. The speed limit restrictions and enforcing against obstruction will contribute to making roads safer for pedestrians across Wales. 35% of current 30mph limit roads are expected to reduce to a 20mph limit, up from 3%. 

What is happening in Northern Ireland?
The Department for Infrastructure consulted on Inconsiderate Pavement Parking, which closed in 2022 and on 3 November a new statutory rule came into force that prohibits parking wholly or partly on pavements. It applies to vehicles that are adjacent to, and where delineated by markings at: bus lanes, bus stops, bus stands, cycle lanes and school keep clear. The order also applies to these existing prohibitions on footways: 
- footways adjacent to a clearway or a controlled area at Zebra, Pelican and Puffin crossings
- on a central reservation adjacent to a clearway
- on a cycle track adjacent to a clearway or
- on a verge adjacent to a controlled area at Zebra, Pelican and Puffin crossings.

A PCN of £90 applies reduced to £45 if paid within 14 days and a ‘Think before you park’ public awareness campaign will run as these new parking restrictions come into operation.

Research

A YouGov survey reveals there is confusion on pavement parking law:

• 46% of drivers are confused by the law on parking on pavements
• 41% of drivers know there is a law but didn’t know it was different in London to the rest of Great Britain
• Only 5% of drivers know fully about the law on pavement parking

Guide Dogs YouGov online survey 2018, 2007 adults, of which 1,524 are drivers. A weighted and representative sample of GB adults