Farmyard safety
    by David Parry
 

The society's policy is normally to oppose diversions out of farmyards since, among other reasons, the path through the yard is often the old, direct route, shorter and more convenient for walkers, the buildings may be of historic interest and the route round the farm gives one the sense of being shoved out of the way. Our local correspondent David Parry reports on a recent case.

Recently we were consulted about a proposed diversion out of a farmyard. Heavy plant and equipment were in use and the landowner expressed concern for the safety of the public.

Part of the response to this is simple and is covered in Rights of Way, a guide to law and practice on pages 368-9: someone as an employer or self-employed is responsible under the Health and Safety at Work Act 1974 for risks in consequence to the health and safety of the public. If there is a threat to public safety the appropriate action is to involve both the Environmental Health department of your district council and the Health and Safety Executive (HSE). Between them they should be able to deal with the risk. In theory the HSE deals with the party whose actions possibly cause the risk, eg the farmer, and Environmental Health looks after the public.

The second part of the response is to point out that, under the Road Traffic Act 1988, it is an offence to drive dangerously and that what is dangerous depends upon circumstances. Someone who, for example, drives a tractor too fast commits an offence and, where there may be pedestrians or riders, 'too fast' may be something like five miles per hour. This figure applies by law to vehicles authorised to operate on public paths such as for maintenance. If you have such a case, refer it to the police first. However, they are normally reluctant to act and the alternative is a private prosecution, not too difficult an undertaking.

Sooner or later it will be necessary for both sides to consult and to agree on measures like speed limits, notices and what may or may not be done on or near the right of way.

 

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