Footway Parking Bill is not currently being enforced in Fife

It's emerged that it's up to individual local authorities as to whether they implement the new legislation, which became law in December.

It's not currently being enforced in Fife as they're still to agree a list of exemptions where the ban wouldn't apply - and they'd have to mark every single pavement in the Kingdom where motorists would be permitted to park.

However, they may decide it's not worth the hassle with a report from John Mitchell, head of roads and transportation services, saying they're looking at how the new powers "could be implemented".

His report to last week's environment, transportation and climate change scrutiny committee said: "If the council agrees to adopt the statutory powers, then parking attendants would be able to take enforceable action against vehicles parking on pavements, over dropped kerbs and which are double parked (excluding areas which have exemptions).

The ban on pavement parking, which became law on December 11 last year, is not currently being enforced in Fife. (Image: Newsquest)

"Work is progressing on the detail of how this will be managed, with all Scottish local authorities currently assessing their road networks to identify locations for consideration of exemptions."

Asked if Fife could opt out, a council spokesperson confirmed that it's up to each local authority to decide if they go ahead.

Offenders can face a £100 fine but on day one of the Footway Parking Bill, which was enacted on December 11, none of the Scottish councils enforced the new law due to a range of issues and delays.

The City of Edinburgh Council implemented the new legislation from Monday with no exemptions but here there is concern that to do so could lead to routes being effectively narrowed to the point that buses and emergency vehicles won't get through.

Councillors on the cabinet committee will make the final decision as to whether Fife goes ahead, and if it does they'll be asked to agree all of the exempt locations across the region.

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That could take some time, with consultants having to look at "many many hundreds of kilometres" of roads and streets to identify all of the "areas where it really wouldn't be helpful to have vehicles moved from the pavement onto the road to park".

Before it gets to the cabinet committee, reports will also have to go to each of the seven area committees, and the council will have to complete an "exemption order process" and a pavement-marking exercise before they can start enforcing the law.

No timescale has been given.

And just to add another complication, councillors were told in December that the penalty charge notices handed out for parking offences "are not fit for the purpose" of fining pavement parkers.

Asked for an update this week, service manager Susan Keenlyside told the Press: "The new legislation will allow vulnerable road users to walk with confidence, particularly benefitting those with impaired mobility and sight, and parents with prams.

"Fife Council are progressing with the detail of how the new powers will be implemented and like many Scottish local authorities, we are currently assessing our road network to identify locations for consideration of exemptions.

"Any exemptions allowing pavement parking will be clearly signed and lined to ensure clarity for the public.

"Given the level of parking demand in many areas, we will take a sensitive approach to enforcement of the legislation."

And she confirmed: "The national ban on pavement parking will not be enforced in Fife until work to identify exemption areas is completed and approval is given by members at cabinet committee."