The Transport (Scotland) Act 2019 introduced a national ban on pavement parking, double parking, and parking at dropped kerbs to make it easier for local authorities to ensure that pavements and roads are safer and more accessible to all. Further information about these parking rules is available below.
The Act also gives local authorities the power to exempt areas of pavement from the pavement parking ban in certain circumstances. An Exemption Order can only be considered where a minimum 1.5m width of unobstructed footway can be maintained, or the layout of the carriageway associated with the footway is such that the passage of an emergency vehicle would be impeded by the presence of a vehicle parked on the carriageway.
Dundee City Council has carried out a review of the local road network and consulted with Elected Members, emergency services, and bus operators on the roads eligible under the Act for exemption and now proposes to make an Exemption Order under Section 51 of the Transport (Scotland) Act 2019.
Proposed Pavement Parking Exemption Order
The proposed order will introduce exemptions to the national ban on pavement parking.
The proposed exemptions will apply to the areas of pavements specified in the draft order and shown on the plans (see links below).
Where the areas of pavements are shown coloured green on the plans, the exemption will apply to the full width of the pavement.
Where the areas of pavements are shown coloured blue on the plans, the exemption will not apply to the full width of the pavement and the parking ban will still apply to an area 1.5 metres in width, measuring from the rear of the pavement. In those locations cars may have to park partly on the road and partly on the pavement.
The areas where parking on pavements will be permitted and exempt from enforcement will be shown on the street by road markings and signage.
Representations about the proposed exemptions can be made to the Council by sending them to the Head of Democratic and Legal Services, Dundee City Council, 21 City Sq, Dundee, DD1 3BY, or by E Mail to trafficorderobjections@dundeecity.gov.uk within 28 days of 14 June 2024. Representations must be in writing and must specify the grounds on which they are made.
The notice of proposals can be viewed here [notice of proposals]
The statement setting out the reasons why the proposed exemption order should be made can be viewed here [statement of reasons]
The draft order which specifies the proposed exemptions can be viewed here [draft order]
The plans showing the pavements where the proposed exemptions will apply can be viewed here [plans] and the list of roads and the drawing numbers are below.
- Alpin Terrace - Drawing 1
- Ancrum Drive - Drawing 2
- Arbroath Road - Drawing 3
- Ballindean Road - Drawing 4
- Balunie Avenue - Drawing 5 & 6
- Barnes Avenue - Drawing 7
- Brantwood Avenue - Drawing 8
- Broughty Ferry Road - Drawings 9 & 27
- Corso Street / Abbotsford Place - Drawing 10
- Derwent Avenue - Drawing 11
- Douglas Road - Drawing 12
- East Haddon Road - Drawing 13
- Fintry Drive - Drawing 14
- Fintry Road - Drawing 15
- Fleming Gardens South - Drawing 16
- Happyhillock Road - Drawings 17 & 18
- Main Terrace / Forfar Road - Drawing 19
- Marryat Street - Drawing 20
- Muirton Road - Drawing 21
- New Road / Long Lane - Drawing 22
- St Kilda Road - Drawing 23
- Union Terrace / Prospect Place / Laurelbank / Constitution Terrace - Drawing 24
- Woodlands Terrace / Woodside Terrace / Kerrsview Terrace - Drawings 25 & 26
These frequently asked questions may help:
Am I likely to be issued with a fine (PCN) if I park on the pavement, double park or park across a dropped kerb?
Yes, Parking Attendants will be patrolling all areas of the city, and Penalty Charge Notices may be issued at any time of the day. Please make sure you observe these rules to assist other road users, including wheelchair users and children in buggies to travel safely around the city.
What is the value of the fine?
The fine is £100 reduced to £50 if paid within 14 days of issue.
There is nowhere else to park, what can I do?
In some locations, some residents have felt they have had no option but to park on the footway. This is no longer legal. You will need to find alternative locations to park.
If I park on the road, I will block the traffic – what I am supposed to do?
In most cases, parking with all four wheels of your vehicle on the road carriageway should not block the road to other traffic. If that is the case, it would be advisable to park elsewhere because it is an offence to block traffic and Police Scotland may take action. It is recognised that more vehicles on the carriageway may serve to reduce overall traffic speed in some streets.
Can I park on a grass verge or grass strip?
No, the pavement parking ban includes grass verges so these must be avoided. As a rule of thumb, if a pedestrian can walk on it, it should be avoided.
I heard the rules did not apply when loading?
There is an exception in the rules that seeks to support some traders to continue making deliveries. This only applies to activity in the ‘course of business’ so does not apply to personal activities like unloading shopping or lifting young children out of a car. Delivery drivers can only park on the pavement when the following two conditions apply - 1) There must be no reasonable place to park fully on the road, and 2) there is still 1.5m of pavement width between their vehicle and any wall, fence or bush. If these two conditions apply, then the maximum length of time for the delivery driver being parked on the pavement is 20 minutes.
Can I drop a passenger off, or collect, on the pavement?
No, you shouldn’t drive on to the pavement to allow a passenger to board or alight your vehicle. If you are observed sitting behind the steering wheel, while parked on a pavement, a Parking Attendant will ask you to move before issuing a Penalty Charge Notice.
I only had one wheel on the pavement – will I get penalised?
Potentially yes, the law states that even one wheel on the pavement is enough to result in a Penalty Charge Notice being issued to your vehicle. Make sure you park with all four wheels on the road.
My pavement is really wide with room for both cars and pedestrians – why can’t I park there?
The guidance with the new legislation explains that exemptions should only be given in certain circumstances and pedestrians should be prioritised. If there is sufficient space on the carriageway for drivers to park, and still allow vehicles to pass, it is not appropriate to allow an exemption. Most pavements have not been designed to take the weight of vehicles and can be damaged by persistent pavement parking.
I live in a cul-de-sac and there are very few pedestrians – do the rules apply everywhere?
Yes, the new rules apply in all streets, irrespective of their design, length or purpose.
Do the rules apply on private roads or privately owned pavements?
Yes, if the road is available to pedestrians to use, the rules will apply irrespective of ownership.
I am a Blue Badge holder. Do these new rules apply to me?
Yes, all these rules apply. There are no exceptions for Blue Badge holders.
Is there going to be signage to show me where I can’t park?
No, the default position is that parking on the pavement is banned. Parking across dropped kerb crossing points is also banned. Signage will only be provided where there is a formal exemption to the rules.
Can I double park next to a Euro Bin?
No, at least one of your wheels must be within 0.5m of the kerb so if you park alongside a Euro Bin it is possible that you will receive a PCN. If you park alongside another vehicle (e.g. a car belonging to another family member) you are likely to receive a PCN also.
Can I park across my own driveway?
Potentially yes, if you are sure that the dropped kerb for the driveway does not also serve as a crossing point for pedestrians. You should not park across someone else's driveway.
How can I tell if the dropped kerb is used as a crossing point?
Generally, it will be clear because there will be no corresponding driveway or garage for a vehicle to enter. You should consider how a wheelchair user might want to cross from one pavement to another. If you are in doubt, it would be advisable to avoid the dropped kerb and park elsewhere.
Can my street be exempted from these rules?
A small number of pavements across Dundee have been identified as suitable for an exemption. These proposals can be viewed on the Footway Exemption Order 2023 (12MB PDF)
In time, if these exemptions are approved, signage will show drivers where they can park safely on the pavement.
If you would like your street to be considered for an exemption you can email pavementparking@dundeecity.gov.uk. Please title your email Exemption Request and then the street name e.g. Exemption Request – Dundee Road
How can I get the Parking Attendants to come and issue PCNs in my street?
If you are aware of a location which might be described as a Pavement Parking hotspot you can let us know by emailing pavementparking@dundeecity.gov.uk and identifying the location and a time when the contravention happens. Parking Attendants can then be deployed to that location if resources allow.