My Lords, I rise at 10.05 pm to move the amendment. I am most grateful to the noble Lord, Lord Tope, who moved it for me in Committee, when I was unable to be present, and to all other noble Lords who spoke in favour of it then. It would introduce a general prohibition on pavement parking outside Greater London, where this has been the rule since 1974, with a power for local authorities to make exemptions on a street-by-street basis. After the noble Lord moved the amendment much more ably than I ever could, there is not a lot more to be said. It seems to be a no-brainer but, for the benefit of noble Lords who were not in Committee—there cannot be many of them left by now—I shall summarise the arguments briefly, given the lateness of the hour. That was not, I fear, a consideration that seemed to trouble many of the previous speakers, who have spoken unusually expansively for the time of night.
Five points need to be made. First, pavement parking is dangerous for pedestrians, especially parents with pushchairs and prams, wheelchair users and other disabled people who are forced into the road in the face of oncoming traffic, which, in the case of blind and partially sighted people, they cannot even see.
Secondly, it is costly. Pavements are not designed to take the weight of vehicles, so they crack and the tarmac surface subsides in consequence. This is also a hazard to pedestrians, who may trip on broken pavements, especially if they cannot see what has happened. Local authorities spent more than £1 billion on repairing kerbs, pavements and walkways between 2006 and 2010. Some £106 million was also paid in meeting compensation claims from people tripping and falling on broken pavements during the same five-year period.
Thirdly, the present legal position is extremely confusing. Parking is regulated by local authorities issuing traffic regulation orders under the Road Traffic
Regulation Act 1984, prohibiting parking in specific areas. This has led to a patchwork of different approaches being taken by different local authorities, which is very confusing for motorists. We need the consistency of a standard regime throughout the country. Given the hazardous nature of pavement parking for pedestrians, and the fact that a general prohibition with local power to exempt seems to have worked well in Greater London, it seems sensible that this should be the rule that prevails throughout the country.
Fourthly, an amendment along these lines has massive support outside this Chamber. Some 69% of 2,552 adults in England, Scotland and Wales surveyed by YouGov in March 2014 supported a law on pavement parking, as do some 20 organisations, including those representing local government, pedestrians, motorists and transport interests generally, as well as disabled and elderly people. The status quo presents challenges for drivers as well as pedestrians and cyclists. The British Parking Association and the RAC Foundation support the call for change. Some 78% of local councillors believe that there should be a ban on pavement parking. It would be hard to think of any other amendment that united such a diversity of interests that are normally at loggerheads.
Finally, as I said, the regime that this amendment would introduce appears to have worked perfectly well in Greater London for more than 40 years.
In Committee, the main objection to the amendment seemed to be that it was better to leave the question of pavement parking to local discretion. However, I have already pointed out the huge objections to this in terms of cost and consistency. I think the Government’s objections were principally founded on the fear that the amendment would take away all local discretion, but this is not the case. All the amendment does is reverse the presumption as between national standard and local discretion.
The Minister expressed reservations about this on the grounds that introducing the new regime would be costly and disruptive. But, as I have argued, the present system is costly in terms of repair bills and legal costs. Traffic regulation orders cost between £1,000 and £3,000 to introduce, when account is taken of consultation, signage and advertising. A national law on pavement parking would give local authorities the discretion to act as they see fit in a more cost-effective way.
As I said, the case for the amendment is strong. I beg to move.