Whether it plans to support the call of Living Streets Scotland to (a) agree and publish in the first half of 2023 guidance as to when the …

a & b) As you will be aware, the Transport (Scotland) Act 2019, (the act), introduces new national provisions, prohibiting pavement parking, double parking and parking at dropped kerbs. A suite of secondary legislation is required for this prohibition to work in practice and give local authorities the power to implement and enforce the prohibitions.
In relation to the points regarding bringing forward dropped kerbs and double parking first, Scottish Ministers need to ensure that local authorities have an effective enforcement regime in place and that local authorities are able to issue Penalty Charge Notices correctly. As such, the enforcement regimes cannot be split and need to remain constituent parts of the same package of enforcement measures. For example, in order to issue all types of ticket, the means to provide a right of appeal needs to be in place and the changes to legislation which govern this need to be made at the same time once all of the other parts of legislation are in place.
We are continuing to consult with Local Authorities, following our initial pivot to deal with the Covid 19 pandemic, to develop both the secondary legislation required to allow them to enforce the National pavement parking prohibition as well as the Parking Standards Guidance which will underpin the Transport (Scotland) Act 2019.
Additionally, we need to consult with the public on some areas contained within the secondary legislation. Local authorities will be required to undertake an assessment to identify and progress any exemptions to the pavement parking prohibition they consider necessary. We are actively working with Local Authorities to undertake this work and Scottish Ministers have provided the requested £2.4 million of funding to enable this to be progressed in a timeous manner.
The majority of the secondary legislation is likely to be in place by 2022. Some aspects however, such as the appeals process for those who wish to appeal a ticket issued for pavement parking, as mentioned above, may not be in place until 2023.
c) Transport Scotland will be undertaking an in-depth publicity campaign before implementation to make the public aware of the date that the new provisions come into force. We have previously discussed this with disability groups and within our Parking Standards Group of which Living Streets are a stakeholder. We will be progressing this in due course as per the legislative program . In addition to this we are currently exploring other ways of proactively promoting the unacceptability of parking on the pavement and highlighting the risk it causes others. We intend to undertake this as soon as possible and indeed well before mid-2022.
d) The Scottish Government recognises the detrimental impact that obstructive and irresponsible parking can have on vulnerable groups, as well as Emergency vehicles and other road users in general. Scottish Ministers have already undertaken an extensive consultation on this matter, (Improving Parking in Scotland Consultation 2017). Feedback obtained from this consultation is available at the following link:? https://www.transport.gov.scot/media/42239/improving-parking-in-scotland-may-2018.pdf ? ? Prior to the pavement parking provisions coming into force under the Act, Local Authorities will be required to assess their footways for the purposes of determining which, if any, may be appropriate to be exempt from the pavement parking prohibition. Local Authorities will be required to consider their obligations under the Equality Act 2010 throughout this determination process and prior to an Exemption Order being proposed. Ministerial Directions and Pre-Implementation Guidance will be published to assist Local Authorities in undertaking this determination process.