How to undermine a Bill with loopholes

How to undermine a Bill with loopholes

Following on from my last blog post, I decided to take a look at the “Pavement Parking Standard Response” from the Tory MSPs and this is what I found. It is clear example of Orwellian double speak, their proposed amendments are not intended to “to strengthen the Bill” but rather to introduce loopholes to undermine the clauses on pavement parking.

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The Transport Bill offers a chance to examine and possibly change legislation surrounding pavement parking, as well as low emission zones and bus franchising to name some of the other issues it may address.

The Scottish Conservatives welcome the Transport Bill in principle but we will likely aim to lodge amendments to strengthen the Bill at Stages Two and Three to ensure it is a robust and sound piece of law.

Frequent parking on footways can cause damage that eventually manifests as uneven pavements. Such damage can represent a real danger to pedestrians, especially vulnerable ones, with local authorities having to foot the bill for repairs.

We can all agree that inconsiderate parking must be tackled and I am pleased that there are plans to look at it. A blanket ban on pavements must be properly researched and proportionate. Inconsiderate parking should not be tolerated, but there are many instances when parking partly on a pavement is the only available option and can be done without obstructing pedestrians’ access.

As you will be aware there may be instances in which parking with two wheels on a pavement has left sufficient room for pedestrians to pass while allowing traffic to flow freely on the road. That is a key point because it would obviously be counterproductive to impose a ban only for it to result in constant road blockages. As long as such parking can be done in a way that allows more than enough room for all pedestrians to pass freely, it is not always necessary to impose a blanket ban. I am not convinced that a blanket ban with no room for exemptions by local authorities in places might be too much of a catch all approach, I know of many areas where pavement parking is the only option to allow free passage of vehicles, including emergency vehicles, through narrow streets – in those examples perhaps local authorities may need to approach this pragmatically. Blanket centralisation of such individual circumstances in my view has historically caused unintended consequences.

The compromise that we would like to emerge would be to find a balance between protecting vulnerable pedestrians and allowing harmless pavement parking to continue. I suspect our amendments will be of this ilk.

I can understand the temptation to push through a blanket ban because it is right to say that we should not tolerate forcing vulnerable pedestrians to move around parked cars on pavements or dropped footways. However, we would not be serving the public if we simply imposed a blanket ban and left motorists, as well as law enforcement officers, to clear up the mess.

I hope you find the above position helpful and I thank you for contacting me regarding this important subject.

They start by acknowledging that “Frequent parking on footways can cause damage that eventually manifests as uneven pavements. Such damage can represent a real danger to pedestrians, especially vulnerable ones, with local authorities having to foot the bill for repairs”. Yes, that is why the Bill proposes to completely ban parking on the footway. However, they suggest that “parking partly on a pavement is the only available option”, not true, there is always the option to park considerately elsewhere and walk to your final destination, that is what footways are there for. We all have the right to walk, but there is no “right” to drive, this is a privileged form of mobility undertaken under licence.

Then we get on to the suggestion that “parking with two wheels on a pavement” should be acceptable, this directly contradicts acknowledgement that parking on the pavement is damaging for a wide range of reasons. The frequency of this parking behaviour is a red herring, they already suggest pavement parking is harmful and then proceed to contradict themselves. The next red herring is “pavement parking is the only option to allow free passage of vehicles”- if the road is too narrow to allow parking on the roadway, then yes, it is indeed too narrow for parking – so why should motorists expect to be allowed to encroach into areas specifically set aside for pedestrians? It is neither fair nor reasonable. Just remember that we all have the right to walk but there is no right to drive. By saying that pavement parking should be permitted, this is saying the motorist should in all cases have priority over pedestrians. This is in no way about “compromise” or “balance”, it is about prioritising motorists over “vulnerable pedestrians” who are currently forced “to move around motor vehicles parked on pavements or dropped footways” by inconsiderate and selfish parking.

Finally we are told that a blanket ban will leave “motorists, as well as law enforcement officers, to clear up the mess”, how so? If there is a blanket ban on pavement parking the law, is then clear and unambiguous, there should be no mess to clear up. By introducing exemptions for so called “harmless pavement parking” it deliberately introduces ambiguity, which then creates a mess for enforcement officers to clear up, along with time-wasting court action while loophole lawyers argue over the level of harm caused.

For the good of all, these loopholes must be blocked before the Bill is passed. Only by having a blanket on all pavement parking will the law be clear and unambiguous.

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