Midlothian pavement parking FAQs

Wednesday March 27th 2024

Midlothian Pavement Parking

Written by Midlothian View Reporter, Luke Jackson

Midlothian Council is to enforce a ban on parking on pavements and dropped kerbs and double parking.

The measure has been introduced to make it easier for pedestrians and people with mobility issues to safely use streets in the county.

From Monday 1 April, offenders face a £100 fine, which will be reduced to £50 if paid within the first 14 days.

Midlothian Council’s Cabinet Member with responsibility for roads and pavements, Councillor Dianne Alexander said: “Every motorist needs to take heed and park considerately so as not to obstruct roads and pavements.

“Our pavements are for pedestrians, not cars. If you cannot find a parking space other than by parking on a pavement, dropped kerb or double parking, the message is clear – park elsewhere or face a fine of £100.”

Cllr Alexander went on to explain parking attendants and the council will be taking a graduated approach, explaining the new rules to motorists, residents and wider communities before they come into effect and immediately after to allow people to understand what’s expected of them.

Among other authorities to have introduced a ban since the legislation came into force in December 2023, are Edinburgh City Council and Dundee City Council.

Approving the measures at the full Council meeting today (Tuesday), councillors heard 2,097 Midlothian roads were assessed in preparation for the new legislation to better understand parking behaviour and the impact of the new rules.

Frequently asked questions:

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 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.

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 may feel they have had no option but to park on the footway/pavement. This is no longer legal. You will need to find an alternative location 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 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 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.

Read the report presented to the Council HERE,

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