Pavement Parking

Question

Can the Chief Constable outline what measures are being taken, by the PSNI independently or in conjunction with other agencies, to effectively deal with the problem of pavement parking and parking on designated cycle lanes and the problems this causes for cyclists and pedestrians, especially those with disabilities and persons with guide dogs?

John Blair - Alliance

Answer

Parking on a pavement is not necessarily illegal as long as there are no other prohibitions in place e.g. double yellow lines or an urban clearway etc. In addition, the parked vehicle must not cause an obstruction for other road users. There is specific legislation regarding the parking of Heavy Good Vehicles on footpaths and pavements.
The Highway Code (rule 244) broadly states: “Do not park partially or wholly on the footpath/footway unless signs permit it.” Therefore, in broad terms, provided there are no prohibitions or the vehicle is not causing an obstruction, motorists can park on the pavement. Enforcement can only carried out if the vehicle is breaching other parking legalisation or causing an obstruction.

In October 2006 the Traffic Management (NI) Order 2005 came into effect. This decriminalised the majority of parking and waiting offences and transferred the enforcement from the Police Service of Northern Ireland to the Department for Regional Development (now Department for Infrastructure).

The Department for Infrastructure (DfI) therefore takes lead responsibility for the enforcement of most parking restrictions. On-the-ground enforcement is provided by DfI’s contractor, currently NSL Services Group (NSL), who employ Traffic Attendants to carry out this activity. Traffic Attendants issue Penalty Charge Notices (PCNs), commonly known as parking tickets, to vehicles which are detected illegally parked.

Only a small number of parking offences by enforceable by Police Officers. These include:

• Parking in such a position so as to obstruct access to any premises
• Parking a Large Good Vehicle (LGV) on the verge of a road, central reservation or footway
• Wrongful Use of a Disabled Person’s Badge
• Parking on the hard shoulder of a motorway
• Offences enforceable by BOTH Police Officers and Traffic Attendants include:
• Parking within 15m of a Junction (unless the prohibition or restriction is indicated by a traffic sign – in which case the offence is decriminalised)
• Parking in contravention of lawfully placed No Waiting Cones
• Driving/Parking in a Pedestrianised Area
• Parking within the limits of a pelican crossing/zebra crossing
• Stopping on the approach to a pelican crossing
• Stopping within the limits of a zebra controlled area

Police Officers can only take action against a vehicle parked on a pavement if it is in breach of any of the above offences as well. We also have several statutory powers to remove vehicles causing an obstruction.

All other parking offences are dealt solely by Traffic Attendants, such as, double yellow lines, no waiting & urban clearways. Further details can be found at https://www.nidirect.gov.uk/articles/parking-enforcement

Where vehicles are detected by Police in breach of parking regulations or causing an obstruction appropriate action is taken. This can range from advice & guidance, issuing of a fixed penalty notice, through to prosecution. Importantly, there is no specific change in policy regarding enforcement during inclement weather.

Cyclists are a vulnerable road user group and as such considerable roadworks have been completed, and continue to be developed, to provide safe Cycle Lanes separating them from vehicular traffic. Vehicles parking on Cycle Lanes is an offence but, as above, it is decriminalised and therefore enforcement is the responsibility of DFI and their contracted Traffic Attendants.

Whilst regular meetings do take place between Police Service of Northern Ireland and DFI, the legislative arrangements are clear in terms of which offences each agency has responsibility for.

Below shows a numbers of such offences detected by the PSNI over the latest rolling twelve month period, by specific offence: