Pavement parking enforcement update

Following an extensive assessment across East Ayrshire, a list of streets which will be exempt from the new regulations has been agreed and the Head of the Ayrshire Roads Alliance will now prepare and promote an Exemption Order for these streets which have met the relevant criteria, as well as Orders for associated waiting restrictions.

Exemptions which allow pavement parking apply to emergency services and medical practitioners responding to emergencies, accidents or in the normal course of their duties. Further exemptions apply to postal service providers who are collecting or delivering goods and can’t do this without their vehicle being parked on a pavement. There are also exemptions for vehicles used in connection with roadworks and the removal of obstructions.

The Transport (Scotland) Act 2019 Act also allows for Exemption Orders in specific locations which meet strict criteria. These can apply in a street or parts of a street if:

• the pavement is of sufficient width to allow 1.5m to remain unobstructed when any part of a vehicle is parked on it
• the width of the carriageway associated with the pavement is such that any vehicle parked on it would obstruct an emergency vehicle.

A need to introduce waiting restrictions in support of the pavement parking ban has also been identified in a few locations to ensure traffic safety is maintained within exempt streets.  

There are also two main arterial routes in Kilmarnock, Irvine Road and McClelland Drive, which do not meet the exemption criteria but where parked vehicles on the carriageway would create traffic management or safety issues. Waiting restrictions will therefore be put in place on both of these routes which should not adversely affect residents as alternative access to the majority of properties is available at Irvine Road, while the properties on McLelland Drive have ample off-street parking provision.

Now that the assessment process is complete, work to prepare the systems for the implementation of enforcement procedures has also progressed. The parking database is being reconfigured to accommodate Penalty Charge Notices issued under the new regulations and new templates have been prepared for the associated legal notices.

It's expected that the Exemption Order and associated Orders for waiting restrictions will be prepared and ready for consultation and advertising by the end of August 2025. Following this, and allowing for any maintained objections which would require further Cabinet consideration and subsequent line and sign installations, full implementation of the exemptions and associated waiting restrictions is not expected to be achieved until February 2026 at the earliest.

However, provided that the database reconfiguration is completed and fully tested, a phased approach to enforcement will begin from 30 June 2025. This will involve Parking Attendants issuing warning notices supported by a range of dedicated media communications prior to the start of official enforcement.

An enforcement policy which sets out the Parking Service’s approach to enforcement will also be developed before the start of formal enforcement activity. This will be based on local needs and will also recognise the experience and knowledge gained by other authorities which have already started pavement parking enforcement.

Councillor Jim McMahon, Cabinet Spokesperson for Housing, Transport and Communities, said: “The Council has a duty to enforce the parking prohibitions contained within the Transport (Scotland) Act 2019 and I am pleased to see that we have made good progress towards meeting this.

“Once the new prohibitions are in place, we will continually monitor the effects of the exemptions, associated waiting restrictions and enforcement activity, and further action will be taken if necessary to ensure compliance with the Act and the continued promotion of road safety.”

View the full report.

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