The Transport (Scotland) Bill is currently making it way through the Scottish Parliament, among its provisions are clauses which aim to ban pavement parking in Scotland, which is long overdue. However, there are a few loopholes which need closing. Therefore as a responsible citizen, I decided to write to my MSP’s asking the consider helping to close these loopholes as the Bill makes it way through Holyrood. Here is the letter which I sent to my elected representatives:
I am writing to you in the hope that you will act to close the loopholes regarding pavement parking in the current Transport (Scotland) Bill. Without closing these loopholes the legislation will fail to provide the full benefit to all of the people living in Scotland.
There are currently exceptions for all “delivery vehicles”, allowing vans and lorries to park on pavements for “up to 20 minutes”. This is a total nonsense, there is no need for delivery vehicles to park on footways or cycleways. Rather, there is a need to rethink how last mile deliveries are carried out and to seek smarter, more sustainable solutions. The current practice of allowing vehicles to park on the pavement not only causes great inconvenience to pedestrians, it also places a cost burden hard-pressed local authorities who have to pay for the damage caused by pavement parking.
The bill also needs to more clearly define what a pavement obstruction is so that enforcement is straightforward and easy for local authorities. A clear definition will also make it easier for drivers to know what they are expected to comply with. There should be no ambiguity on what constitutes obstruction such as the time limit nonsense referred to above.
The other thing that is lacking from the bill is the banning of parking which obstructs dropped kerbs, this omission needs to be corrected. Not only are dropped kerbs important to wheelchair users, people with mobility scooters and parents with pushchairs, they are important for those carrying deliveries too. Here again, there needs to be a clear definition of what constitutes obstruction dropped kerbs so that everyone knows what is expected of them.
The Transport (Scotland) Bill has the potential to improve safety on our roads and the quality of life for all, if these loopholes are closed. Please don’t miss the opportunity to improve this Bill.
Mr Kim Harding, BSc, MPhil
I will add in replies as I get them.
The first three replies I received where automated responses, one was an “out of office” message saying that the MSP was on holiday and would get back to me on his return. The other two came from Miles Briggs (Conservative) and Jeremy Balfour (Conservative), both replies were almost identical which suggest that this is a standard party approach to dealing with any correspondence from constituents.
Thank you for contacting me.
Priority is given to helping constituents with individual concerns or problems.
If your email relates to a nationally organised campaign on a current political issue where you have been asked to “Write to your MSP” you are likely to find a response on my website at: [MSP’s website]
While I always welcome personal comments from constituents I am afraid that I have reached the conclusion that it is no longer possible for my staff to process individually the many thousands of identical or computer-generated `round-robins` I receive every month. If you live in Lothian you may wish to come along to one of my regular advice `surgeries` when I will be pleased to discuss your own concerns with you in person. These are advertised in the local media and on my website.
With these automated replies, these MSPs are effectively holding up two fingers to their constituents and show their contempt for those they are elected to represent. To be clear these auto-replies are not to an automated campaign, they are to all email correspondence sent MSPs representing the Conservative party. We live in a “representative democracy” when a person takes the time to write a personal message to their elected representative, it is the responsibility of the elected person to read and respond to the message, otherwise what is the point of electing these people. The fact that the issue which I am raising is a matter of concern to a number of other people, who have also made the effort to contact their elected representative, is totally irrelevant.
Having received the automated replies Tories, I checked out their standard reply on the Pavement Parking clauses in the Transport (Scotland) Bill, only to find that they are deliberately trying to insert the loopholes into the Bill.
The first genuine reply can from Kezia Dugdale (Labour), on behalf of a college who was on holiday, saying that their party position was to fully support the Bill:
Thank you for your email regarding the parking provisions within the Transport (Scotland) Bill.
Scottish Labour very much supports a ban on pavement parking. As your email highlights, pavement parking can cause serious problems for those with mobility issues, as well as those with prams, and we should take action to prevent it as far as possible.
The Transport Bill as it is drafted does provide a number of specific exemptions and gives local authorities the ability to exempt certain roads from a ban. These exemptions provide an element of flexibility and will help to protect against potential problems such as unnecessarily restricting access on certain roads for emergency vehicles. There are also specific exemptions built into the bill for certain vehicles, for example an ambulance attending an emergency. However, as your email notes, there is a risk that exemptions may create loopholes and undermine the effectiveness of the ban, so it is important that they are kept to a minimum.
In the coming months the Scottish Parliament’s Rural Economy and Connectivity (REC) Committee will be scrutinising the Transport Bill. This is an opportunity to look closely at potential problems and loopholes, such as the ones outlined in your email. In the REC Committee Scottish Labour’s Transport Spokesperson Colin Smyth will be working to strengthen the Bill and address concerns about its effectiveness.
The REC Committee are currently collecting evidence on this Bill. If you wish to submit your views, information on how to do so is available here. [No information provided]
In the meantime, thank you again for your email, and please don’t hesitate to get back in touch if I can be of any assistance to you in the future.
I can understand the point of exempting emergency vehicles attending an emergency call, but where is the point exempt whole roads from a ban? If the road is too narrow to permit parking on the roadway, it is too narrow to permit parking other than in a emergency situation. Providing any other form of exemption will only lead to abuse.
Update 12th Sept 2018
This is Alison Johnstone (Green) reply:
Many thanks for writing to me about the Transport Bill, and efforts to restrict pavement parking. I am responding also on behalf of my Green MSP colleague, Andy Wightman.
I agree that parking on pavements should be an enforceable offence. Even partially parking vehicles on the pavement can reduce the amount of space that is available for people to pass by and can completely obstruct the footway. No one should be forced onto the road, especially our most vulnerable street users, including older people, children, parents with buggies, wheelchair users and those with reduced mobility.
I understand concerns that the current exemption for delivery vehicles in the draft Bill could undermine efforts to deliver accessible streets for all. Scottish Green Transport spokesperson John Finnie MSP is seeking more information about these exemptions and how we can legislate to best deliver safe pavements for the most vulnerable in our society.
As a member of the Rural Economy and Connectivity Committee, John will vigorously test the Scottish Government’s proposals when they are discussed at Committee in the coming weeks.